The URL can be used to link to this page

Home My WebLink About10-5757Fl1.E??`.; ,nT?4 .?a ?rP ..? ?at?10? 53 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE EDUCATION RESOURCES INSTITUTE, INC Plaintiff No. 10 - 5'757 CiViITerm vs. JEREMY SHOTTO CINDY SHOTTO Defendants COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7725766 0A.OO Pb ATT/ al 4b---% 40 c2 Q# a y78s/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE EDUCATION RESOURCES INSTITUTE, INC Plaintiff vs. JEREMY SHOTTO CINDY SHOTTO Defendants No. COMPLAINT IN CIVIL ACTION COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 an 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT Plaintiff is a corporation having offices in 31 ST. JAMES AVE., FLR #9, BOSTON, MA 02116 2. Defendant, JEREMY SHOTTO, is an adult individual residing at 293 SOUTHSIDE DR, NEWVILLE, PA 17241. 3. Defendant, CINDY SHOTTO, is an adult individual residing at 293 SOUTHSIDE DR, NEWVILLE, PA 17241. 4. On or about AUGUST 20, 2002, Defendants executed an Application for and was granted a Student Loan(hereinafter the "Contract") in the amount of $3,500.00, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. The Contract was subsequently assigned to Plaintiff. 6. Plaintiff avers that Defendants are in default of the aforesaid Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balances immediately due and payable. 7. Plaintiff avers that the balance due is $1,609.02 as of June 11, 2010. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 5.250% per annum. 9. Plaintiff avers that the Contract between the parties entitles Plaintiff to the collection of reasonable attorneys' fees in the event of Defendants' default. 10. Plaintiff avers that attorneys' fees amount to $125.00. 11. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, interest , attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, JEREMY SHOTTO AND CINDY SHOTTO, jointly and severally, in the amount of $1,609.02 with continuing interest thereon at the Contract rate of 5.250% per annum from June 11, 2010 plus attorneys' fees of $125.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, sqm PA I.D. #42 WELTMA EINBERG & REIS CO., L.P.A. 1400 Kop rs uilding 436 Seve th enue Pittsbur , P 15219 (412) 4 4- 55 5766 08/21/2002 22:00 FAX 730 1335 SCFA rv la 001 NON-NEGOTIABLE CREDIT AGREEMENT - THIS IS A CONSUMER CREDIT TRANSACTION TERI Low Rate ALP Undergraduate Loan Amount Rwpated: ll-I ad Al Deferral Period Margin: 0 Lender. Members 1 ° Federal Credit Union Repayment Option: Ddmred Prirq* and tntolest School: HAMSBuRG AREA COMMUNRY LOLL Acadefff a Period: 0An00&0V= Loan Origination Fee PwmntaW-. SM Borrower Names Jar" Shale shd+to Hom Address: 20 SOn, Side Or NmvAe. PA 17141 Social Security # Date of Binh: Home Telephone: (r17) 4W195 Have you ever defaulted on a student loan or declared bsrduuptW 11 No O Yes Plaae_pomplete the tequire4jW=aWn below; Student C3tsnchtp (eho& one box): . Citkan O Ellg ble Non-Ciften Note: Personal reference mmV and address can not match that of the Cosigner. Personal Reference Name: Reference Home Tel AW -&16 work Tai # Reference StreatAddress Reference VIVI tatelZ w ter Cosigner Nama: Ck*6hobrl 5h0+-fo i kx, Address: 293 South Side Or Newft PA 17241 Social Seourily P. jowk-0JB1 Date of SW,: OtA IND Kome Taloptuone: (717)4fiGm95 Have you ever defaulted on a student loan or declared bsr*ruptcyll (q No 0 Yes Current Employe f lIGH MARK Employer Telephone: (?17) 7604M Currant Poslbon: Other Years There: 22 Yom Grossr4?wYmtGalary: 128 A4 Aftmony, child support, or separate maintenance Incomes do not have to be rvveated If you do nee want them cons idoe?d for repaying dds ofeligatton. If you are relying on such additioml incoin please provide detadle on a sepanale sheet of paper. Plasm he re ui Infaim ion low; Cosigner Citkenshlp (Check one box . Irian D Eligible NorrClW" Personal rorrteo Irmo: naum am Add'ot can-4 A mbar that or the ice Horne Tol #: "'l 1 n • W -'71 V Wfid Tel M Reference Street Addn:ss Reference CItvistat&TO: via"ri-lArAttf VA 111721V e By my siPuur, I ocrdfy drt I nave read, mdetetand sad ftm 90 des mhos of and nadmdM the obliptio u set faatb all four (4) pages of this APPIWO6odProla-My Natc C13-02-034SX1.10.0302. I umkrmod chat any person wbo knowingly meta a fate stu,= as flee on dtis form is rattrject m pemhlra. which May iaelnde fma or it?sisomnenz k aederamnd flee I raa sot rognimd to Got cry siMmm on this Applie=Wrontlssory Non to Lender. Nt chant m tai my titmtme oa this Aaplication/PmreitsoryNoes to Lend, I intend (() mT fax ai0aanne to bean slemanic siptamalrbnder AM11mble federal and tux law, () the fax to be as aripmtl doeamea; (ii) to eon&a bmh ut with the t.eadar by electronic records and AppliatiodPro1rd-zry Note wHI not be awtmW by Artide 3 of the Uniform r'n*r•+?* W Code. ??°q' and Qv) that this FOTt ALABAMA RESIDENTS: CAUTION -1T TS TMPORTANT TEAT YOU THOROUGHLY READ TAE CQ?I'RACT BEFORE YOU SICN IT. FOR WISCONSIN RESIDENTS • NOTICE TO CUSTOMER: (a) DO NOT SIGN THIS APPLICA770"ROMISSORY NOTE BEFORE YOU READ THE WRITING ON THE FOLLOWING PALM EVEN IF OTHERWLSE ADVISED. (b) DO NOT SIGN THIS APP'L.TCA77ON/P'ROMISSORY NOTE IF R CONTAINS ANY BLANK SPACES. (e) YOU ARE ENTMW TO AN ExACT COPY OF ANY AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIMX TO PAY 1N ADVANCE THE UNPAID BALANCE UNDER THIS AGRIMMIrn AND YOU MAY BE )ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARM. Signature of Borrwrer Signstoo of Codaw Date CU.02-03.CSX1.10.0302 014 3 1 of I - NOTE DISCLOSURE STATEMENT $ 1,871.66 Borrower(s) JEREMY S140TT0 CINDY SHOTTO Loan No. Student: JEREMY SHOTTO Date: SEPTEMBER 12, 2002 Lender Name and Address: MEMBERS 1ST FEDERAL CREDIT UN 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 This disclosure statement relates to one or more advances on your Loan Note disbursed on SEPTEMBER 12_2002 Because your Loan is either being disbursed in whole or in part, or is entering repayment, or the repayment terms are being modified, the following tntormatton about your Loan is Demg given to you. ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments The cost of your credit as a The dollar amount the credit The amount of credit provided The amount you will have paid after yearly rate. will cast you. to you or on your behalf, you have made all payments scheduled. 5.995 % $ 626.72 S 1,750.00 S 2,376.72 Your a ent schedule will be: Number of Payments Amount of Payments • When Payments are due 072 $ 33.01 On the 14th day of each month be nnin on 12/2004 ? VARIABLE RATE The Annual Percentage Rate, which is based on an index plus a margin, may increase during the term of the loan if the index rate increases. The index is (check one): ® Prime Rate Index Adjusted Monthly - The highest U.S. bank prime rate published in the "Money Rates" section of The Wall Street Journal on the last business day of each calendar month. ? Prime Rate Index Adjusted Quarterly- The highest US. bank prime rate published in the "Money Rates" section of The Wall Street Journal on the last business day of each calendar quarter. ? United States Treasury Bill (T-Bills) Index. The index is the 'Auction Average (Investment) - 3 month" rate most recently published by the Federal Reserve Board before the first day of the calendar quarter. ? UBOR Index Adjusted Quarterly - The average of the one-month London Interbank Offered Rates published in the "Money Rates' section of The Wall Street Journal on the first business day of each of the three (3) calendar months immediately preceding the first day of each calendar quarter. Any increase in the index and the Annual Percentage Rate which occurs while principal payments or principal and interest payments arc deferred will increase the amount of any current and all future payments. Any increase in the index and the Annual Percentage Rate which occurs after you have begun to make principal and interest payments on. your loan will increase the number of principal and interest payments you must make, unless the monthly payment amount is not sufficient to pay the monthly accrued interest and to repay the principal amount of the loan in full over the maximum repayment period, in which case the monthly payment amount may be increased to the minimum amount necessary to do so. For example, if your loan were for 510,000 at 11% for seven years, and the rate increased to 12% in one year after you began making principal and interest payments, you would have to make three additional payments. SECURITY: You have given a security interest in all refunds or amounts owed to you at any time by the student's educational institution. Collateral securing other loans with the Lender may also secure this Loan. LATE CHARGES: If a payment is more than 15 days late, you may be charged $5.00 or 5% of the payment, whichever is less. If you default, Lender (or any subsequent holder of your Loan Note) may increase the margin used to compute the Annual Percentage Rate by two percentage points (2%). PREPAYMENT: If you pay off early, you will not have to pay a penalty. See your contract documents for additional information about non-payment, default, any required repayment in full before the scheduled date, prepayment refunds, any security interest and penalties. Principal Amount of Note (Amount Financed plus Prepaid Finance Charge) Itemization of Amount Financed Amount paid to JEREMY SHOTTO and $ Amount paid to HARRISBURG AREA COMMUNITY COLTS 1,750.00 Total Amount Financed Itemization of Prepaid Finance Charge Origination or Guarantee Fee Other Fees Paid (see your contract) Total Prepaid Finance Charge(s) S 1,871.66 1,750.00 121.66 121.66 'If your loan is disbursed in multiple advances, the monthly payment amount disclosed in the payment schedule reflects only that monthly payment necessary to repay this advance. The actual total monthly payment on your Loan will be based on the sum of all advances under your Loan Note and will be disclosed to you before your Loan enters repayment. Your minimum total monthly payment will be at least S50 ($25 for a Continuing Education Loan) each month or the entire loan balance, whichever is less. Estimates: If payments of principal or principal and interest on your Loan arc deferred while the Student is enrolled in school, all numerical disclosures except the late payment disclosure are estimates. CUTRDP Members 1st Federal Alt DP CSA TRAE 5102 96,17 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is 4art 61cu`Y v hr ?? Cc 1r c+??S of -(PE ?c10c 'did?? ?S?hYCe ?AMErltlff (TITLE) (COMPANY) herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. WWR# 7725766 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff °°`aCr` oY ~~f~r~lptt,~~~ Jody S Smith Chief Deputy ,. ~a°- Richard W Stewart Solicitor ~~3t ~~~` °~~`'_~~G~~~ The Education Resources Institute, Inc. vs. Case Number Jeremy Shotto (et al.) 2010-5757 SHERIFF'S RETURN OF SERVICE 09/21/2010 07:25 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1925 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cindy Shotto, by making known unto Jim Shotto, Husband of defendant at 293 Southside Drive, Newville, Cumberland County, Pennsylvania 17241 its contents d at t e same time handing to him personally the said true and correct copy of the sa ARK C KLIN, DEPUTY 09/24/2010 04:30 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 24, 2010 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeremy Shotto, by making known unto himself personally, at 45 Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $72.80 September 28, 2010 ~' .../rf. ~- TIM K, DEPUTY SO ANSWERS, .~ ~-- RON R ANDERSON, SHERIFF ~~ M~.A ,. ~+~ ~ ...~..3 R., S„ ° ' .; -" : d ... '.~ .~.~ ~..-, Y° ~. ;,... ~~ ...... ~~ ~.r,~ ~ _ ~} ~'~ ' im ~;'i ~ ~,..~ r07 v ~ . ,~- _ (c CountySuite .S"hen`f, T'e~cosott. Ind. OF TI E PROHONO??M 2010 OCT 12 PM 3: 14 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE EDUCATION RESOURCES Plaintiff VS. JEREMY SHOTTO and CINDY SHOTTO Defendant(s) No. 10-5757 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. #205520 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7725766 TIC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE EDUCATION RESOURCES Plaintiff vs. Civil Action No. 10-5757 CIVIL TERM JEREMY SHOTTO and CINDY SHO CTO Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMA/I, WEINBERG & $-N CO., L.P.A. By. v ,? Lyndsay E R , lan , Esquire PA I.D. #2055 0 WELTMAN, INBERG & REIS CO., L.P.A 1400 Kopppe Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7725766 Sworn to and subscribed Before me the o r» Day of Pr - - sow ARY CMMONVVM sYL ANIA Nwrw Sol' Wayne A. 30M, "t ty GNP Tune 29 3014 .2 OF Member: Oft (re?llhes