HomeMy WebLinkAbout11-5725Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci Attorney I.D. #92800
Gregory R. Dye Attorney LD #205316
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
Attorney for Plaintiff,
SLM EDUCATION CREDIT FINANCE CORPORATION
SLM EDUCATION CREDIT FINANCE CORPORATION
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
1835 Market Street, Suite 501
Philadelphia, PA 19103
Plaintiff,
vs.
NICHOLAS S THURSTON
242 W COLUMBIA RD
ENOLA PA 17025-2207
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No. // - .S7;ZS
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 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, 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.
LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
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AVISO
Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion.
Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no
se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con
todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 267-2032
Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff,
Daniel Santucci
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
SLM EDUCATION CREDIT FINANCE CORPORATION
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
Plaintiff,
vs.
NICHOLAS S THURSTON
242 W COLUMBIA RD
ENOLA PA 17025-2207
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No.
Plaintiff, SLM EDUCATION CREDIT FINANCE CORPORATION, claims as follows:
The Defendant(s), NICHOLAS S THURSTON, is a resident of Cumberland
County, PA.
2. Plaintiff and Defendant executed a Promissory Note whereby Defendant(s) promised to
make monthly payments as specified in the Note. A Copy of the Note is attached hereto
as Plaintiff's Exhibit A.
3. The Defendant was advanced the proceeds of the loan which were to be used for
educational purposes.
4. Allowing for credits for payments, the balance due is $25602.81. See Plaintiff's
Exhibit B.
The Plaiantiff had declared the Defendant to be in default and demands payment of
the balance due from the Note.
WHEREFORE, the Plaintiff SLM EDUCATION CREDIT FINANCE CORPORATION, prays for
Judgment in it's favor and against the defendant(s) NICHOLAS S THURSTON * the
amount of $25602.81.
pectfully,obmfitted,
Daniel J. Santucci, Attorney No. 92800
Gregory Dye, Attorney No. 205316
Dated: July 1, 2011
2620428
PPTCNCSI
VERIFICATION
the undersigned attorney for the Plaintiff, hereby verify that the
statements made in the foregoing Complaint are true and correct to the best of my knowledge,
information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is
presently located outside of this jurisdiction, and that in order to file the within document in an
expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsifications to aui
PPTXVERI
Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci, Attorney I.D. #92800
Gregory R. Dye, Attorney I.D. #205316
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
Attorney for Plaintiff,
SLM EDUCATION CREDIT FINANCE CORPORATION
SLM EDUCATION CREDIT FINANCE CORPORATION
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
1835 Market Street, Suite 501
Philadelphia, PA 19103
Plaintiff,
vs.
NICHOLAS S THURSTON
242 W COLUMBIA RD
ENOLA PA 17025-2207
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA: County of Chester:
I, Daniel Santucci/Gregory R. Dye, being duly sworn according to law, depose and say
I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf.
I hereby certify that the Defendant is at least 18 years of age and not in the Military Service
of the United States, nor any State or Territory thereof or its allies as defined in the
Servicemembers' Civil Relief Act of 2004 and any amendments thereto.
I also herby certify that the statements made in the foregoing Affidavit of Non-Military
Service are true and correct to the best of my information, knowledge, and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to authorities.
Dated: July 1, 2011
By:
BLATT, HASENAI'LLER, ?PBSKER
& MOORE, L
Dani I rffucci
Gregbfy R. Dye
2620428
PPTJCAMI
111111111111 IN IN
Exhibit
PPTXEXAI
__ Academic Year
Creative Education Loan
2006-2007
Application and Promissory Note
S
For Loan Applications Received by May 31,2W7 1-800-084-2944
XS 900951
Section A: Borrower Information Please read Instructions before completing this section.
Social Security Number 092-76-4519 1 "Name and Sutra THURSTON First Now NICHOLAS Mt S
Permanent Addrat(NoP.O.Boxes) 114 KEARSARGE ST. APT. 1 city PITTSBURGH State PA ZIP code 15211
Permanent Phone Number
412 983-4257 Cellular Phone Number
(412) 983-4257 Time at Address (if leas than one years: , Months 10
yn,,?prior a?,) 0
Prior Address 85 RUTH ST. APT 1 City PITTSBURGH state PA L!- 15211
Address While in School 114 KEARSARGE ST. APT. 1 City PI TTSBURGH star` PA Z)P Code 15211
Phone Number While in School 412 983-4257 Date ofarrth("'yy) 05/24/1985 EmalAddress THELIONET GMAIL.COM
Citizenship (check one) a) U.S. Citizen b) Non-Citizen Permanent Resident c) Foreign Resident Have you ever defaulted on a student loan? (check one)
d) Foreign Resident not eligible for & Social Security Number O Note: For optiora b, c or d see instructions Yes O No M If yes, we instructions for required axon
Total Lou Amout Ragaeatal We encourage you to borrow conservatively, but try to borrow are full Enrollment Period for which you want to bores From (in") To (rmn/yy)
f 15.000.00 amount you need an you will mat have to submit another application.
i
i money (cannot exceed 12 months)
'
(tee
nstruct
ons) 0
/06 03/U7
School Name ART INSTITUTE OF PITTSBURGH City PITTSBURGH sate PA
Grade Level (refer to instructions) 04 Courseaf study (rear to instructions) OTH Current 0.' ts,.nding Student
L
f
959
00
i
13
ean re
er b
.
nawetions f
,
R crosses-Year must rwvlde two 2 adult references other thaw theca er
1) tail Name and Suffix KLAFEHN First Name EVA MI S Relationship to Boeawer
Relative
Email Address EKLAFEHNI@ROCHESTER.RR.COM Permanent Phone Number 585 589-8792 Alternate Phone Number N/A
2) last Name and Suffix REED
i
? First Name EDWARD MI
l• Relationship to Borrower Relative
Email Address EKL
A
FEEHN I@ROCHESTER.RR.COM Pen'h' nn P'reae Number 585 589-5885 Alternate Phone Number N/A
Section B: Cosigner Information Please read instructions before completing this section.
Social Security Number Last Name and Suffix First Name
MI
Address (No P.O. Bases) City State ZIP Code
Permanent Phone Number Cellular Phone Number Time at Residence (if less than one , Years , Months
year, provide prior address)
Prior Address (No P.O. Boxes) City Stale ZIP Code
Citizenship (check one) a) U.S. Citizen b) Non-Citizen Permanent Raideni Q Date of Birth (mmlddryy)
Note: For option b, see instructions Have you ever defaulted on a student loan? (check one)
Present Employer Name Employer Addresss (City, Stale, ZIP Code) Yes 0 No O If es sere instructions for required action
Work Phone Number
Gross Monthly Income (see instructions) Note: Vow do not have to reveal alimony, child support or
sepante maInteoaave li coure unless you whh It to be considered as a bash for lose repayment Monthly Mongage/Rem Amount (check one) Cosigner's Email Address
Sah S Other f Source f Own tl Rent 0
aeea--
You most adult Provide two (7) rc races other an a rsower
1) Lax Name and Suffix First Name
MI
Relationship to Cosigner
Email Address Pemunent Phone Number Alternate Phone Number
2) Last Name and Sum. First Name MI Relationship to Cosigner
Email Address Permanent Phone Number Alternate Phone Number
Section C: Borrower and Cosi er Si nature
CAUTION - IT IS IMPORTANT Notice to Customer (a) Do not sign this before you I declare that the information provided above is true and complete to the best of
THAT YOU THOROUGHLY read the Promissory Note even if otherwise advised. my knowledge and belief. I have read the Promissory Note accompanyin
this
READ THE CONTRACT (b) Do not sign this if it contains any blank spaces. g
application and the Notice to Cosigner. Promise to pay: Jointly and severally with
BEFORE YOU SIGN IT. 1, THE (c) You are entitled to an exact copy of any agreement you the other signers below, I promise to pay the lender or any other holder of this loan
COSIGNER, HAVE READ THE sign. (d) You have the right at any time to pay in advance all sums disbursed under the terms of the Promissory Note, plus interest and all
APPLICABLE COSIGNER the unpaid balance due under this agreement and you may other charges that may become due. The terms and conditions set forth in the
NOTICE. be entitled to a partial refund of the finance charge. Promissory Note constitute the entire agreement between us.
Borrower Signature Nicholas S Thurston Mr 08/07/2006
(Seal) Date
64 C5
9D
'
7
B54CA7AE949C92FC
D 16Wfl
Cosigner Signature if applicable) (seal) Date
Section D: School Certification Must be tom leted b an authorized school ofiicial.
School Name ART INSTITUTE OF PITTSBURGH School C«wBranch 0074700000 Disbursement Date(mrdddlyy) Disbursement Amount
For the Enrollment Period (not to exceed 12 months) Grade Level (circle one) Please refer to instructions. ) i "--
From Date (mm/ddtyy) To Date (mmldd/yy) Undergraduate 1 2 3 ® 5 1. S
07/10/2006 03/24/2007 2
Graduate A B C D 2 S
Enrollment Status (check one) Course or Study (refer to instructions) Mticipeted Gmdustinn Date ( on/dd/yy) 3 1 1
Full-time ® Half-lime 0
OTH ' f
/
4. 1
4. S
Total Certified Amount: S
1 hereby certify that the Borrower is eligible for a Creative Education Loan; that the Total Certified Amount does not exceed the student's cost of attendance minus other
financial aid; that the School will, at the request of the lender, provide the lender with subsequent information regarding the Borrower's whereabouts; that this School will
comply with all applicable loan policies and provisions; and that information provided in Sections A and B is true, complete and correct to the best of my knowledge and belief.
Authorized school official Print or type Phone
Sign and date: new and title:
nvava n o.ann o_...- s__c__.:__ •s•_. n_u•_ ... .... .. ..-,.-.. ,. ... _- __..
?-....----?...? ,.-.•-.....rr••?°••?-•• °•,,, •••o..-. ?. save r•.rv< -mu imsvute,rt..5<ol4-Nt.3(Copyright Cti Sallie Mae 2000-06) App('ode:IEDMO601 Pronr Nmc Cadc:3FDM6602
IflllllICIlnnMIlse?I?N111IN11111111111111111111IN III N111111111111111111111 InlI II 11111111oil0111111111sell111 1111111111IINI 1IN111111111IIIIaI1111IIIIN
Creative Education Loan Promissory Note Document 3EDMO602
In this Promissory Note "Not e")the words "1,"
'me " "my," `mine" and "we" mean the
borrower and cosigner who signed the
application, unless the language specifically
refers to only one or the other. 'You,* 'your"
and "yours" mean the lender as listed below
and any subsequent holder of this Note.
Lodc
SdW M" Bank
Murray, Utah
A. PROMISE TO PAY
I promise to pay to your order according to the
terms below the sum of: the Loan Amount
Requested, to the extent it is advanced to me,
or on my behalf, which includes the
Supplemental Fees (together, the "Loan
Amount"); other Interest, fees and charges
accrued or capitalized on the Loan Amount as
described in this Note; and, In the event of
default, reasonable attorney's fees, court costs
and collection agency fees to the extent
permitted by law.
B. DEFINRiONS
1. Interim Period - The "Interim Period" will
begin on the day of my first disbursement.
My Interim Period will end 6 months after
I graduate or drop below half-time
enrollment at an eligible school. It I am
enrolled in a health profession and obtain
an internship or residency deferment
within 6 months after leaving school, my
Interim Period will end 6 months after the
deferment ends.
2. Repayment Period - The "Repayment
Period" will begin on the day after the
Interim Period ends and will continue up to
360 months depending on my loan
balance. If my loan is made six months or
more after I graduate or drop below half-
time enrollment there is no interim period
and my Repayment Period begins on the
day of my first disbursement
3. Capitalized Interest and Other Amounts -
From time to time, any interest, fees,
charges and costs due and not yet paid
may be added, without notice, to the
principal amount of the loam. This addition
is called "capitalizing." Since interest
accrues on the outstanding principal
balance, capitalizing increases the total
Cost of the loan.
4. Default - You may declare my loan in
default following an event described in
Section J except as follows: IDAHO. IOWA
KANSAS. MAINE and SOUTH WOLINA
R,,E?(QENTS QNLY: I will be in default K I
fail to make a payment as required by this
Note (or within 10 days of the time
required by this Note, for Iowa residents)
or if the prospect of my payment or
performance is significantly impaired. The
burden of establishing the prospect of
significant impairment is on the lender.
WISCONSIN RESIDENTS ONLY: I will be in
default (a) if I permit to be outstanding an
amount exceeding 1 full payment which
has remained unpaid for more than 10
days after its scheduled due date or
deferred due date, or I fail to pay the first
payment or the last payment within 40
days of Its scheduled due date or deferred
due date, or (b) if I fail to observe any other
provision of this Note, the breach of which
materially Impairs my ability to pay the
amounts due under the Note.
5. Disbursement Date - The date shown on
the loam check or the date the loan funds
are dectronicaty transferred to my school
namwled in Section D of the application
(`School")
6. Interim Disclosure - The Truth In Lending
Disclosure tat h will be sent at the ttme of
my first disbursement and which is hereby
incorporated into this Note.
7. Fugal Disclosure - The Truth in Lending
Disclosure that will be sent at the time the
repayment schedule for my loan is
established and which is incorporated into
this Note. In the event of any conflict
between the Interim Disclosure and the
Final Disclosure, the Final Disclosure shall
govern.
8. The terms "Interest," "Late Charge,"
"Payment Return Fee," "Collection Costs,"
and "Supplemental Fees" are defined in the
Note sections so titled. "Variable Rate" Is
defined under Section C, Interest, of this
Note.
C. INTEREST
1. Interest on this Note will accrue at the
Variable Rate (as defined below),
beginning on the first Disbursement Date,
on the principal balance advanced and
Capitalized Interest and Other Amounts,
until the primlpal balance and all accrued
interest are paid In full.
2. The Variable Rate will change monthly on
the first day of each month if the Current
Index changes The Variable Rate for any
month during the Interim Period and for
the Repayment Period is the annual rate
equal to the highest U.S. Prime Rate
published in The Wall Street Journal
"Money Rates" section, or any successor
section or table for the purposes of
displaying such rate, on the next to the last
New York business day before the end of
the prior month (the "Current Index"), plus
or minus the percentage identified on my
Interim Disdosure (the "Margin"), rounded
to the nearest one-eighth of one percent
(0.125%). A New York business day is
defined as any day that is not a Saturday,
Sunday, holiday or other day on which
banking Institutions in New York are
authorized or ordered to close by law or
executive order. For example, the Variable
Rate for January will be determined by the
N Prime Rate published in The
al! Street Journal on the preceding
December 30th if both the 30th and 31st
are New York business days.
3. The Margin is based on my School, credit
history and cosigner's credit history. Once
set, the Margin does not change. If The
Wall Street Journal is not published on the
date to be used for the Current Index, then
the Current index will be determined by
using the immediately preceding published
U.S. Prime Rate. If the Current Index
ceases to be available, you will choose a
comparable substitute.
D. TERMS OF REPAYMENT
1. I am not required to make payments
during the interim Period. You will
capitalize unpaid accrued interest at the
beginning of the Repayment Period. K I am
an eligible health student, you will
capitaft unpaid accrued interest annually
during any residency or internship
defermert, at the and of any residency or
Internship deferment period of less than 12
months, and when I enter repayment.
2. You and I agree that the repayment
schedule will be established as follows:
subject to the terms of paragraph 4 of this
section, prior to the start of the Repayment
Period you will send me a Final Disclosure
setting forth an initial repayment schedule
whereby I will repay my loan in
consecutive monthly installments of
principal and interest calculated to equal
the amounts necessary to amortize the
unpaid principal and Interest at the Variable
Rate then in effect over the entire
Repayment Period. You will also send me
statements showing the amounts and
payment due dates of my monthly
payments.
3. Subject to the terms of paragraph 4 of this
Section, you will revise the repayment
schedule so that I will repay my loan in
consecutive monthly installments of
principal and interest calculated to equal
the amounts necessary to amortize the
unpaid principal and interest at the Variable
Rate then in effect over the number of
months remaining in the Repayment
Period with the payment amount changing
in the months of February, May, August,
and November, as necessary. The
statements that you send me will reflect
any changes in the amounts of my monthly
payments.
4. 1 may choose a graduated repayment
option, if available. If I convert to this
option, I will notify you in writing.
5. 1 will make consecutive monthly payments
during the Repayment Period In the
amounts and on or before the payment due
dates shown on my statements until I have
paid all of the principal and Interest and any
other fees, charges, and costs I may owe
under this Note.
6. Since interest accrues daily upon the
unpaid principal balance of my loan, if I
make payments after my payment due
dates, 1 may owe additional principal and
interest, fees and charges at the end of the
Repayment Period. In such case, I shall
pay the additional amounts, and you may,
but are not required to, lengthen the
Repayment Period.
7. Notwithstanding paragraphs 3, 4 and 6 of
this Section, I agree to pay at least $50 per
month, or the unpaid balance, whichever is
less, on all my Creative Education Loans.
3. Payments will be applied first to applicable
fees, then to accrued interest, and the
remainder to principal, as permitted by
applicable law. Payments in excess of the
(Copyright 0 Sallie Mae 20W-06) 3EDMO&Y-)
amount due will advance the next payment
due date by the number of whole payments
satisfied by the extra funds. (For example,
if my payment amount is $100, 1 am not
delinquent and I pay $400 for the month of
January, my nett payment due date will be
may.)
9. N I wish to snake a payment In
amen of a dspoled amount or
balssss, I mutt send it to P. O. Box 3800,
Willis-Barre, PA 1t1M-8800 with a
letter d explanation. To the extent
permitted by law, you may accept late
paymerds, partial payments, or payments
marked "payrnerd in full; or having similar
language, without waiving your rights
under this Note.
E. LATE CHARGE
I will pay a Late Charge if I fail to make any part
of an Installment payment within 15 days after
it becomes due. The amount of the Late Charge
will be identified on my Disclosures.
F. SUPPLEMENTAL FEES
You may charge an amount equal to the
Supplemental Fee at disbursement of my
loan. This fee will be identified on my
Disclosures and will be a percentage of the
principal balance of my loan. At the time
you issue each disbursement, you may add
to the principal loan balance an amount
equal too the pro rata portion of the
Suppl Fee.
You may charge me a Supplemental Fee,
which will be identified on my Disclosures,
either at the beginning of my Repayment
Period, upon trial repayment of my ban,
or upon an event described In Section J,
whichever is earlier. This fee will be a
percentage of the principal balance of my
ban after unpaid interest accrued during
the Interim Period is capitalized.
Supplemental Fees are based on my
School, credit history and cosigners' credit
history. I understand and agree that the
Supplemental Fees are earned when they
are assessed and are not subject to rebate
if I prepay my loan.
0. PAYMENT RETURN FEE
If I make a payment and that payment is
returned or refused by my bank for any reason,
I agree to pay a charge of up to $20.00 for each
payment so returned
H. CHARGES FOR OPTIONAL SERVICES
If 1 request and you agree to provide optional
services to me in connection with m=f you
may charge me and I agree to pay for
such services, The fee will be disclosed to me
before I accept any such service. Optional
services may include, but are not limited to: (1)
allowing me to make an expedited payment on
my loan; and (2) sending documents to me by
express delivery or facsimile transmission.
1. RIGHT TO PREPAY
I have the right to propsy all or any part of my
loan at any dins wthout penalty.
J. WHOLE LOAN DUE
Subject to applicable law, you have the right to
give me notice that the wttote outstanding
principal balance, accred interest, and all
other amounts payable to you under the terms
of this Note are due and payable at once and to
cease to make any further disbursements to
me, lt:
1. I fall to make any payment to you when
due; or
2.1 fall to provide a notice required in Section
LA on time; or
3.1 break any of my other promises in this
Note; or
4. Any bankruptcy proceeding is begun by or
against me, or I assign any of my assets to
or for the benefit of my creditors, and such
proceeding has not been dismissed in 60
days; or
5. 1 make any false written statement in
applying for this loan or at any time during
the Interim Period or Repayment Period; or
6. 1 die or my cosigner dies; or
7. 1 am in default on arty loans I may already
have with you, or on any loans I may have
with you in the future. My failure to receive
a statement does not relieve me of my
obligation to make my required loan
payments in accordance with the terms
and conditions of this Note. If any of the
listed events occur, I will be required to pay
interest on this loan accruing afterwards at
the Variable Rate applicable to this loan
prior to such event. The Variable Rate will
be subject to adjustment in the same
manner as before.
K. COLLECTION COSTS
If I am in default, I agree to pay you reasonable
amounts permitted by law, including collection
agency fees, outside attomeys' fees and court
costs, which you incur in enforcing the terms
of this Note. Any such amounts include fees
and costs incurred in connection with any
appellate or bankruptcy proceedings.
L. NOTICES
1. I will send written notice to you, or any
subsequent holder of this Note, within 10
days after any change in my name,
address, telephone number or School
enrollment status.
2. Any notice required to be given to me by
you will be effective when mailed to the
latest address you have for me.
3. You may report the status of Ihla loan to
the Sdeol and 110 any aedlt bureaus.
Late Payments, mined Payments, of
odw my account may be
reflected In my credit bureau report.
4. 1 understand that the following notice is
required by federal law and that for
purposes of this notice, the word "you"
means the cosigner(s) who signed the
application.
NOTICE TO COSIGNER:
You are " asked to guarentse MIS
debt. Think corslelly beore you do. N
the berrouler doesn't pay the debt, yuu
will ham to. Be acre =that stford fo
pay N you ham to, and that you want to
stow Okla mmonsthtty.
full
Yom uW of have N a One ?bo aw the does
not pay. You may also have to pay late
fees or collection coals, which hnarease
this lewd.
The lender soh 6011ed this debt from
you edOhsut list "no to collect Nom
the borrower. The bank can use the
some a agoot methods against you
that can be and splod the borrower,
nth as suing you, garnishing your
lid this debt is ever in
def?es , ethd tc. 11
may becone a part of
your credit retwd.
This nothco Is not the contras that
makes you liable for the debt.
I understand that the following notice is
required by federal law and is only
applicable to loans issued to finance
educational expenses at for-profit
educational Institutions or institutions
otherwise subject to the FTC Holder Rule
under 16 C.F.R. §433.2.
NOTICE:
ANY HOLDER OF THIS CONSUMER
CREDIT CONTRACT IS SUBJECT TO
ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF
GOODS OR SERVICES OBTAINED
WITH THE PROCEEDS HEREOF.
RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
I understand that the following notices are
required by or necessary under state law
and that these notices may not describe all
of the rights that I have under state and
federal law. Unless otherwise Indicated,
each notice applies to borrowers and
cosigners who live in the indicated state on
the date that they sign this Note and to
borrowers and cosigners who are
residents of that state.
IFDelNIA,RESjp NTS ONLY, A married
applicant may apply for a separate
account. CALIFORNIA and UTAH
13ESMENTS7 As required by caldomia and
Utah law, ! am hereby notified that a
negative credit report reflecting on my
credit record may be submitted to a credit
reporting agency if I fail to fulfill the terms
of my credit obligations. IOWA and
KA.10 RESIDENTS ' r (For purposes
of the following notice to Iowa and Kansas
residents, "you" means the borrower and
(Copyright 0 Sallie Mae 20(x)- lit 3EDM0602
cosigner, not the lender.) NOTICE TO
CONSUMER: 1. Do not sign this paper
before you read f. 2. You are endued to a
copy of itgs paper. 3. You may prepay the
unpaid balarhoe at any time wlthait penalty
and may be entitled to receive a refund of
unearned tgt?!?,es in accordance with law.
MAR1ILa_hHp SIDF:WM ON Y• You elect
to maM this loan pursuant to Subtitle 10
(Credit Grantor Closed End Credit
provisions) of idle 12 of the Marylmd
Commercial Law Article orgy to the extent
that such provisions are not inconsistent
with your authority under federal law (12
U.S.C. § 85, § 1463(g), or § 18314, as
appropriate) and related regutations and
Interpretations, which autho ' you
expressly reserve.
assachusetts law
prohlbits discrimination based upon
marital status or sexual orientation.
MISSOURI RES(fyj LY: ORAL
AGR836M OR COMMITMENTS
TO LOAN MONEY, EXTEND CREDIT
OR FORBEAR FROM ENFORCING
REPAYMENT OF DEBT INCLUDING
PROMISES TO EXTEND OR RENEW
SUCH OEIT ARE NOT ENFORCE-
EABB((LE..))TO PROTECT YOU (BORROW-
M%1 I ERSTiUNDINGD OORR) OIISSAP-
POINTMENtT, ANY AGREEMENTS WE
REACH COVERING SUCH MATTERS
ARE CONTAINED IN THIS WRITING,
WHICH IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN US, EXCEPT
AS WE MAY LATER AGREE IN
WRITING TO MODIFY IT. NEyADA
Q This ? a loan for study.
NEW J EY--RESIDENTS ONLY The
section headings of the Note are a table of
contents arhd not contract terms. Portions
of this Note with references to actions
taken to the extent of applicable law apply
to acts or practices that New Jersey law
permits or requires. In this Note, ads or
practices ( ) by you which are or may be
permitted by "applicable law" are permitted
by New Jersey law and (i1) that may or will
be taken by you unless prohibited by
"applicable law" are mated New
Jersey law. NEW. r
and VERMPNT RESIDENTS, I understand
and agree that you may obtain a consumer
credit report in connection with this
application and In connection with any
updates, renewals or extensions of any
credit as a.rmult of this applicntion. If I ask,
I will be informed whether or not such a
report was obtained and, if so, the name
and address of the agency that furnished
the report. I also understand and agree that
you may Obtain a consumer credit report in
connection with the review or collection of
any loan made to me as a result of this
application or for other I itimate purposes
related to such loans.IJI
(
ONLY: The Ohio laws against
discrimination require that an creditors
make credit equally available to all credit-
worthy customers, and that credit
reporting agencies maintain separate credit
histories on each individual upon request.
The Ohio Civil Rights Commission
administers compliance with this law_
VERMONT RESIDENTS ONLY, (For
purposes of the following notice to
Vermont residents, "you" means any
cosigner, not the lender.) NOTICE TO
COSIGNER: YOUR SIGNATURE ON
THIS NOTE MEANS THAT YOU ARE
EQUALLY LIABLE FOR REPAYMENT
OF TINS LOAN. IF THE BORROWER
DOES NOT PAY, THE LENDER HAS A
LEGAL RIGHT TO COLLECT FROM
For
YOU, l_C. ON61N R InEKS ONLY*
married Wisconsin residents,
confirms that this hair obligation Is being
incurred in ft interest of my marriage or
family. No provision of any marital property
agreement, unilateral statement under §
766.59 of the Wisconsin Statutes or court
decree under § 766.70 adversely affects
your interest unless, prior to the time that
the loan is approved, you are furnished
with a copy of the marital property
agreement, statement, or decree or have
actual knowledge of the adverse provision.
M. ADDITIONAL AGREEMENTS
1.1 understand that when you accept the
attached application, you are not
agreeing to fend me many and that
them will be no such agreement until the
later of the time the first disbursement of
the loan Is made or my right to cancel in
paragraph 4 of this section has expired.
You have the right to lend an amount less
than the Loan Amount Requested if the
School certifies a tower cost of attendance.
You also have the right to cancel any
undisbursed amount If (a) I cease to be
enrolled at least half time at the School and
I do not owe the School for any amounts
incurred before I ceased to be enrolled at
least haft time, (b) any cosigner notes
you that he or she no to er warts to repay
the amount not yet disbursed, or (c) an
event occurs as described in Section J, or
(d) the School ceases to be eligible to
participate in the Creative Education Loan
program.
2. If this Note is assigned the assignee will
became the owner of this Note and will
have all your rights to enforce this Note
against me.
3.1 hhraler:tand that =107 located In the
State fisted In do paragraph
of this Note and Oft Note aribe entered
Into in the same State. Consequently, the
provisions of this Note will be gmmed
by federal laws and the laws of that Shia
to the extent not preempted, wlthouf
regard to conflict of law rules.
4. Upon receipt of the Interim Disclosure, I
will review it and If I am not satisfied with
the terms of my loan as approved, I may
cancel this Note and all disbursements. To
cancel this Note, t will contact you within 3
days of receipt by me of the loan check and
I will not cash any loan checks, or if funds
are transmitted electronically, I will instruct
the School, within 3 days of receipt by me
of the Interim Disclosure, to return the
funds to you. i understand and agree that 0
the information on my interim or Final
Disclosure conflicts with the Information in
this Note, the information on the
Disclosures applies.
Your acceptance of past due payments
does not waive or affect your right to
accelerate this Note. I waive any notice of
dishonor, notice of protest, presentment.
demand for payment, and all other notices
or demands in connection with this Note
and consent to the addition of a party who
will be liable upon this loan or any other
loans I have outstanding under the
program, to any and all extensions,
renewals, or releases of any party liable
upon this ban or any other loans I have
outstanding under the program, or waiver
or modification that may be granted by
you, all without affecting or releasing any
borrower or cosigner from such loans. My
responsibility for repaying this loan is not
affected by the liability of any other person
to you or by your failure to notify me that a
payment has not been made.
6. If any provision of this Note Is held invalid
or unenforceable, that provision shall be
considered omitted from this Note without
affecting the validly or enforceability of the
remainder of this Note.
7. This Note may be modified only if you put
the modification in writing and the
modification is agreed to by any borrower
or cosigner. Any such modification does
not require the consent of any other
borrower or cosigner and will not affect the
validity or enforceability of the remainder
of this Note.
8.1 understand that this loan is an
educational loan and is made under a
program that includes Stafford loans and
other loans and which is funded in part by
non-profit organizations, including
governmental units and, therefore, is not
dischargeable in bankruptcy, except
pursuant to 11 U.S.C. § 523(a)(8).
9. 1 acknowledge that I have received a true
and exact copy of this Note.
10. 1 may not assign this Note or any of its
benefits or obligations. You may assign
this Note at any time. The obligations of
this Note will be binding on my estate.
11. Your failure to exercise any right hereunder
does not constitute a waiver thereof. All
waivers must be in writing.
12. 1 hereby waive all my defenses to this Note
based on suretyship.
13. 1 understand that you may use automated
telephone dialing equipment or an artificial
or pre-recorded voice message to contact
me in connection with this loan or loan
application. You may contact me at any
telepphone number I provide in this
app!'icatlon or I provide In the future, even
if that number is a cellular telephone
number.
IMPORTANT INFORMATION ABOUT
PROCEOURES FOR OPENING A NEW
ACCOUNT
To help the govern merit fight the funding of
terrorism and money laundering activities,
Federal law requires all financial institutions
to obtain, verify and record information that
identifies each person who opens an
account.
What this means for me: When I apply for a
student loan, you will ask tar my name,
address, date of birth, and other information
that will allow you to identify me. You may
also ask to see my drivers license or other
identifying documents.
(Copyright 8 Sallie Mae 2(10(1-06) 3EDM06U2
N. CERTIF=ION AND CONSENT TO
INFORMATION SNARING
1.1 deftity that the information contained in
Sections A, B and C of the application is
true, complete and correct to the best of
rry and belief and is made In
good faith, that I am eligible for this loan
and that I will repay it according to the
term of this Note. I understand and agree
that my Lander Is listed in the Introductory
ragraph this Note. I hereby authorin
to School pay to you any rotund that
may be due me up to the amount of this
loath. I understand that I must immediately
repay any funds that i receive which cannot
reasonably be attributed to meeting my
educational expenses related to attendance
at the School and hereby authorize the
School at its discretion, to refund any
portion of my loan that exceeds direct
institutional charges. At your option, you
may We electronically transmit funds to
the School to be applied to my account, or
lf you issue checks, you may issue a check
jointly payable to me and the School, and
send It to the School. if funds are
electronically transmitted, I hereby
authorize the School to transfer the funds
to my account at the School. I understand
that failure to complete the educational
program undertaken by me does not
relieve me of any obligation under this
Note.
2.1 autrortze any school that I may attend to
release to you, the U.S. Departmem of
Educollo, IN Qearehter or 20 agents,
any regaeelld W*wmsdm pertneM to
flits loan(i"."o?.t earploynteM, enrolment
stable, iir a and to advise
you wkatar I am eligible for a blare
loan. I sulhoetza yon. your, agents, and
the aimete' or IN o", N any, to
c(edr my credit and employment history
for this loan and for febre loans that may
be offered to me, to answer questions
about their credit experience with me,
and to release the results of the credit
review process to the School. I further
authorize you to release any other
Infomhetieh an this loan to be School, to
olhar ae'on's I have atehded for which I
have liken out a sbdent loan, and to the
guaroater, If any.
I, 1 consent to the sluhNnQ of any
Information about this loan with my
parent, Qeardlan, child, spouse er sibling
who complies with your procedures
unless 1 revoke ids consent or unless
prohibited by law. I understand that I may
revoke this consent by contacting the
servicer at 1-8W2SALLIE or P.O. Box
9500, Wilkes-Barre, PA 18773-9500.
I certify that all of the loan proceeds are
solely to pay for my qualified higher
education expenses at the School.
I also certify that: i have read the materials
explaining the loan. program that have been
provided to me; i have read, understand
and agree to the provisions of the program,
my responsibilities and my rights under
this pr. ram, the terms of this Note and
this "Certification and Consent to
Information Sharing" and that the program
is funded in part by non-profit
organizations.
0. CORRECTION OF ERRORS
All parries to this Note agree to fully cooperate
and adjust all typographical, computer,
calculation or clerical errors discovered In any
or all of the loan documents including the
Appkcatlon, Note and Disclosures. In the event
this procedure is used, all parties involved will
be notified and receive a corrected copy of the
changed document.
P. COSIGNEMORROWER RELEASE
?Oyf:%?Iioame"Zliabllfty cosigner applicant fails to
said cosigner applicant will
hereunder, but this
Note will still bind the borrower. I also agree
that an roved cosigner may be released
from liability hereunder upon application by a
borrower who has made 24 consecutive on-
time monthly payments of principal and
interest during the first 2 years of the
Repayment Period of this loan (not including
deferments and forbearances) and who meats
applicable credit criteria at the time of the
application, with the borrower retraining liable
for this loan after such cosigner release. As
cosigner, I agree that If the borrower is
released from liability on this loan for any
reason, including infan(* I hereby consent to
such release and to my continued liability for
this loan after such release.
0. ARBITRATION AGREEMENT -
READ CAREFULLY
You and I agree that either parry may elect to
arbitrate - and require the other party to
arbitrate - any Claim under the following terms
and conditions. This Arbitration Agreement is
part of the Creative Education Loan Promissory
Note ("Note").
1. RIGHT TO REJECT - I may reject this
Ahtaibaton Agreement by sending you a
rejection noise by certified or repMered
mail or by messenger service within BO
days after the date of my first
disbursement. Any Re jeclion Notice must
Include my name, address, telephone
number and loan or account number, and
most be sent to $allie Mae, P.O. Box
59030, Panama City, FL 92412.
2. IMPORTANT WAPMS AND WARNING - if
you or I elect to arbkhate a Claim, you
and I both waive the right to: (A) have a
court or a jury decide be Clsim; (B)
participate In a class action In court or In
arbitration, either as a class
rspresedrdtve or a clan member, or ad
as a private stiomey general In court or in
arbitration (the "Class Acton Waiver");
(C) jour or consolidate Clalnh(s) With
Slain: Involving any other person; or (D)
allelic i ininaton except as provided
herein. WARNING: Otar rights are more
limited or not available b arbitration.
3. DEFINITIONS - In this Arbitration
Agreement, the following definitions will
apply:
"I," "me" and "my" mean each and every
borrower and cosigner on the Note; the
Student on whose behalf the proceeds of
the Note have been advanced; and the
heirs, executors and assigns of all of the
foregoing. "You," "your" and "yours" mean
the tender; any other subsequent holder of
the note, Sallie Mae, Inc.; any Saf le Mae
affiliate or subsidiary; all of their parents,
wholly or majority owned subsidiaries and
affiliates; any predecessors, successors
and assigns of these entities; and all
officers, directors and employees thereof.
It also includes any party named as a
co-defendant with you in a Claim asserted
by me, such as itwestors or potential
investors, credit bureaus, credit insurance
companies, closing agents, escrow agents,
insurance agents, loath originators, rating
agencies. loan servicros, debt collectors,
loan guarantors, performance bond
trustees, tuition recovery funds, the
School, and any of the School's financial
aid offices or officers. "Administrator"
means, as applicable, the American
Arbitration Association, 335 Madison
Avenue, New York, NY 10017,
!NIld0b -2dr.012, (800) 778-7879, or the
Nations Arbitration Forum, P.O. Box
50191, Minneapolis, MN 55405, Mfr
arth-forum.com. (800) 474-2371, provided
that the Administrator must not have in
place a formal or Informal policy no h is
inconsistent with and purports to override
the terms of this Arbitration Agreement.
"Claim" means any claim, dispute or
controversy between you and me that
arises from or relates in any way to the
Note, including any dispute arising before
the date of this Arbitration Agreement and
any dispute relating to: (1) the Note and
any applications, disclosures and other
documents relating in any way to the
transactions evidenced by the Note; (2)
any Insurance or other service or product
offered or made available by or through
you in connection with the Note, and any
associated fees or charges; and (3) any
documents, instruments, advertising or
promotional materials that contain
information about the Note or any
associated insurance or other service or
product This includes, without limitation,
disputes concerning the valldity,
enforceabiif y, arbitrability or scope of this
Arbitration Agreement or the Note;
disputes involving alleged fraud or
misrepresentation, breach of contract,
negligence or violation of statute,
regulation or common law; and disputes
involving requests for injunctions or other
equitable relief. However, "Claim" does not
include any individual action brought by
me in small claims court or my state's
equivalent court, unless such action is
transferred, removed, or appealed to a
different court. "Claim" doer net include
any sbaitepe to as vau tly and et0eet of
the Class Aston Walhrer, which trust be
decided by a court.
4. STARTING AN ARBITRATION - To initiate
an arbitration, you or I must give written
notice of an election to arbitrate. This
notice may be given after a lawsuit has
been filed and may be given in papers or
motions in the lawsuit. If such a notice is
given, the Claim shall be resolved by
arbitration under this Arbitration
Agreement and the applicable rules of the
Administrator then in effect. I must select
the Administrator when I give notice of my
election to arbitrate or within 20 days of
your notice; Otherwise, you wNl select the
(Copyright 0 Sallie Mae 2(X).06) 3EDM0602
Administrator. The arbitrator will be
selected under the Administrator's rules,
except that the arbitrator must be a lawyer
with at least ten years of experience or a
refired judge.
5. LOCATION AND COSTS - Any arbitration
hearing that I attend will take place in a
location that is reasonably convenient to
me. You will consider (and generally
honor) any good faith request by me for
you to bear the fees charged by the
Administrator and the arbitrator and will
always pay the fees If required by
applicable law. You will not seek
reimbursement from me of tees you are
required to pay or agree to pay on my
behalf. Each party must pay the expense of
that party's attorneys, experts and
witnesses, regardless of which party
prevails in the arbitration, unless
applicable law otherwise provides.
6. DISCOVERY; GETTING INFORMATION -
Either party may obtain from the other
party prior to the hearing any information
available under the Administrator's rules or
any information the arbitrator determines
should be made available.
7. EFFECT OF ARBITRATION AWARD - Any
court with jurisdiction may enter judgment
upon the arbitrator's award. The
arbitrator's award will be final and binding,
except for: (A) any appeal right under the
Federal Arbitration Act, 9 U.S.G. §§1 et
seq. (the "FAA"); and (B) Claims involving
more than $50,000. For Claims W*Ing
more than $50,000, any party may appeal
the award to a three-arbitrator panel
appointed by the Administrator, which will
reconsider de novo any aspect of the initial
award that is appealed. The panel's
decision will be final and binding except
for any appeal right under the FAA Except
as provided above under the caption
"Location and Costs," the appealing party
will pay the Administrator's and
arbitrator's costs of the appeal.
GOVERNING LAW - This Arbitration
Agreement is made pursuant to a
transaction involving interstate commerce
and shall be governed by the FAA, and not
by any state law concerning arbitration.
The arbitrator shall follow applicable
substantive law to the extent consistent
with the FAA, applicable statutes of
limitation and applicable privilege rules,
and shall be authorized to award all
remedies permitted by applicable
substantive law, including, without
limitation, compensatory, statutory and
punitive damages (subject to
constitutional limits that would apply in
court), declaratory, injunctive and other
equitable relief, and attorneys' fees and
costs. Upon the timely request of either
parry, the arbitrator shall write a brief
explanation of the basis of his or her
award.
9. SURVIVAL, SEVERABILITY, PRIMACY -
This Arbitration Agreement shall survive
my full payment of the Note; your sale or
transfer of the Note; any legal proceeding
to collect a debt owed by me; any
bankruptcy or insolvency; any forbearance
or modification granted pursuant to the
Note; any cancellation, or request for
cancellation, of any or all disbursements
under the Note; and any change In the
School enrollment status of the Student. If
any portion of this Arbitration Agreement
cannot be enforced, the rest of the
Arbitration Agreement will continue to
apply, provided that the entire Arbitration
Agreement shall be null and void if the
Class Action Waiver is held to be invalid
with respect to any class or representative
Claim, subject to any right to appeal such
holding. In the event of any conflict or
inconsistency between this Arbitration
Agreement and the Administrator's rules
or the Note, this Arbitration Agreement will
govern; in the event of any conflict or
inconsistency between the Administrator's
rules and the Note, the Administrator's
rules will govern.
(Cupyrighi 0 Sallie Mae 2000-061 3EDMO602
Creative Education Loan Aceftm Zc Y r
2006-007
Application and Promissory Note 1-800-M-2M
For Loan Appikatiorus Readved by May 31.2007 XS l009S1
Seetbo A: Itionower Infarmaaom Please read instructions bein nom tblh aeeti oB.
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Section C: borrower and
Cm Signature
Im
CAUTION- IT FS WFORTANT
THAT YOU THOROUGHLY
READ THE CONTRACT
BEFORE YOU SIGN 11:14 THE
COSIGNER, HAVE READ THE
APPLICABLE COSIGNER
NOTICE. Notice to Customer (a) Do not sign this before you
mead the Promissory Note even if otherwise advised.
(b) Do not sign this if it contains any blank spaces.
(c) You we entitled to an exact copy of any agreement you
sign. (d) You have the right at any time to pay in advance
the unpaid balance die under this agreement and you my
be entitled to a partial refund of the finance charge. 1 declare that the information provided above is true and complete to the best of
my knowledge and belief. I have read the Promissory Note accompanying this
application and the Notice to Cosigner. Promise to pay: Jointly and severally with
the other signers below. I promise to pay de tender or any other holder of this loan
all sums disbursed under the terms of the Promissory Note, plus interest and all
other charges that may become due. The terms and conditions set forth in the
Promissory Note constitute the entire agreement between us.
Borrower Signature (seal) Dste N -7102
-
C re if a Beable) ( ) Date
Section D: Schoel Certification Must be cossul b an authorized scbool official.
o_ y School .
Z - INtbmaeoxm Dec fmm/dd/YYl Disbursement Amount
Pm dv: Bmalk ee erw Ua to nand 12
Pmr Due (am Udgy) Tb Der (mm/ddh'Y) Or de level (ciek ow) Pk am ric/e m'? ?
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,
1 y a ' that the Borrower is eligible for a Creative Education Loan; that the Total Certified Amount does not exceed the student's cost of attendance
fi aW Pus the Sch I ' , at the request of the tender, provide the lender with subsequent information regarding the Borrower's whereabouts; than this School will
c wi l app(' li ' and provision: and that inforrrmtion provided in Sections A and B is true, complete and correct to the best of my knowledge and belief.
:- ind
sad
Si Prim ear d Phone
omen U (s -F1f
k4l
Ret.bn Application To: Sallie Mae • PD Box 59030 a Panama Uty, PL 32412 (CopyrISM O Sank Mat 20oao5) App Code: I eDM%01 gram Nowt Coda: 3RPMW 1
LENDER COPY
Creative Education Loan Promissory Note Document 3EDMO601
In this PromissoryNote ("Note") the words "I,"
"me," "my," "mine" and "we" mean the
borrower and cosigner who signed the
application, unless the language specifically
refers to only one or the other. "You," "your"
and 'yours" mean the lender as listed below
and any subsequent holder of this Note.
Lodc
SdW Mee Btnk
Murny, Utah
A. PROMISE TO PAY
I promise to pay to your order according to the
terms below the sum of: the Loan Amount
Requested, to the extent it is advanced to me,
or on my behalf, which includes the
Supplemental Fees (together, the "Loan
Amount"); other interest, fees and charges
accred or capitalized on the Loan Amount as
described in this Note; and, in the event of
default, reasonable attorney's fees, court costs
and collection agency fees to the extent
permitted by law.
B. DEFINITIONS
1. Interim Period - The "Interim Period" will
begin on the day of my first disbursement.
My Interim Period will end 6 months after
I graduate or drop below half-time
enrollment at an eligible school. If I am
enrolled in a health profession and obtain
an internship or residency deferment
within 6 months after leaving school, my
Interim Period will end 6 months after the
deferment ends.
2. Repayment Period - The "Repayment
Period" will begin on the day after the
Interim Period ends and will continue up to
360 months depending on my loan
balance. If my loan is made six months or
more after I graduate or drop below half-
time enrollment there is no interim period
and my Repayment Period begins on the
day of my first disbursement.
3. Capitalized Interest and Other Amounts -
From time to time, any interest, fees,
charges and costs due and not yet paid
may be added, without notice, to the
principal amount of the ban. This addition
is called "capitalizing." Since interest
accrues on the outstanding principal
balance, capitalizing increases the total
cost of the loan.
4. Default - You may declare my loan in
default following an event described in
Section J except as follows: (V ,
ALIOAQ &A it SOI
RESIDENTS ONLY.' I will be in defaultt if 1
fail to make a payment as required by this
Note (or within 10 days of the time
required by this Note, for Iowa residents)
or 0 the prospect of my payment or
performance is significantly impaired. The
burden of establishing the prospect of
significant impairment is on the lender.
WISCONSIN RESIDENTS ONLY: I will be in
default (a) if I permit to be outstanding an
amount exceeding 1 full payment which
has remained unpaid for more than 10
days after its scheduled due date or
deferred due date, or I tail to pay the first
payment or the last payment within 40
days of its scheduled due date or deferred
due date, or (b) If I tail to observe any other
provision of this Note, the breach of which
materially impairs my ability to pay the
amounts due under the Note.
5. Disbursement Date - The date shown on
the loan deck or the date the loan funds
are electronically transferred to my school
named in Section D of the application
("School").
6. Interim Disclosure - The Truth in Lending
Disclosure that will be sent at the time of
my first disbursement and which is hereby
incorporated into this Note.
7. Anal Disclosure - The Truth in Lending
Disclosure that will be sent at the time the
repayment schedule for my loan is
established and which is incorporated into
this Note. In the event of any conflict
between the Interim Disclosure and the
Final Disclosure, the Anal Disclosure shall
govern.
8. The terms "Interest," "Late Charge,"
"Payment Return Fee," "Collection Costs,"
and "Supplemental Fees" are defined in the
Note sections so titled. "Variable Rate" is
defined under Section C, Interest, of this
Note.
C. INTEREST
1. Interest on this Note will accrue at the
Variable Rate (as defined below),
beginning on the first Disbursement Date,
on the principal balance advanced and
Capitalized Interest and Other Amounts,
until the principal balance and all accrued
interest are paid In full.
2. The Variable Rate will change monthly on
the first day of each month if the Current
Index changes. The Variable Rare for any
month during the Interim Period and for
the Repayment Period is the annual rate
equal to the highest U.S. Prime Rate
published in The Wall Street Journal
"Money Rates" section, or any successor
section or table for the purposes of
displaying such rate, on the next to the last
New York business day before the end of
the prior month (the "Current Index"), plus
or minus the percentage identified on my
Interim Disclosure (the "Margin"), rounded
to the nearest one-eighth of one percent
(0,125%). A New York business day is
defined as any day that is not a Saturday,
Sunday, holiday or other day on which
banking institutions in New York are
authorized or ordered to dose by law or
executive order. For example, the Variable
Rate for January will be determined by the
highest (,$, Prime Rate published in The
Wall Street Journal on the preceding
December 30th if both the 30th and 31st
are New York business days.
3. The Margin is based on my School, credit
history and cosigner's credit history. Once
set, the Margin does not change. If The
Wall Street Journal is not published on the
date to be used for the Current Index, then
the Current Index will be determined by
using the immediately preceding published
U.S. Prime Rate. If the Current Index
ceases to be available, you will choose a
comparable substitute.
D. TERMS OF REPAYMENT
1. 1 am not required to make payments
during the Interim Period. You will
capitalize unpaid accrued interest at the
begin of the Repayment Period. If I am
an eligible health student, you will
capitalize unpaid accrued interest annually
during any residency or internship
deferment, at the end of any residency or
internship deferment period of less than 12
months, and when 1 enter repayment
2. You and I agree that the repayment
schedule will be established as follows:
subject to the terms of paragraph 4 of this
section, prior to the start of the Repayment
Period you will send me a Final Disclosure
setting forth an initial repayment schedule
whereby I will repay my loan in
consecutive monthly installments of
principal and interest calculated to equal
the amounts necessary to amortize the
unpaid principal and interest at the Variable
Rate then in effect over the entire
Repayment Period. You will also send me
statements showing the amounts and
payment due dates of my monthly
payments.
3. Subject to the terms of paragraph 4 of this
Section, you will revise the repayment
schedule so that I will repay my loan in
consecutive monthly Installments of
principal and interest calculated to equal
the amounts necessary to amortize the
unpaid principal and interest at the Variable
Rate then In effect over the number of
months remaining in the Repayment
Period with the payment amount changing
in the months of February, May, August,
and November, as necessary. The
statements that you send me will reflect
any changes in the amounts of my monthly
payments.
4. 1 may choose a graduated repayment
option, if available. If I convert to this
optlon, I will notify you in writing.
5. 1 will make consecutive monthly payments
during the Repayment Period in the
amounts and on or before the payment due
dates shown on my statements until I have
paid all of the principal and interest and any
other fees, charges, and costs I may owe
under this Note.
6. Since interest accrues daily upon the
unpaid principal balance of my loan, 0 1
make payments after my payment due
dates, I may owe additional principal and
interest, fees and charges at the end of the
Repayment Period. In such case, I shall
pay the additional amounts, and you may,
but are not required to, lengthen the
Repayment Period.
7. Notwithstanding paragraphs 3, 4 and 6 of
this Section, I agree to pay at least $50 per
month, or the unpaid balance, whichever Is
less, on all my Creative Education Loans.
8. Payments will be applied first to applicable
fees, then to accrued interest, and the
remainder to principal, as permitted by
applicable law. Payments in excess of the
(Copyright @ Sallie Mac 20)0-06) 3EDMO601
amount due will advance the next payment
due date by ft number of whole payments
satisfied by the extra funds. (For example,
If my payment amount is $100, 1 am not
delinquent and I pay $400 for the month of
January, my next payment due date will be
may.)
9. If 1 wish to make a payment In
atisfaatian of a dkspubd onward or
bstanoe, I most sand H to P.O. Box 3800,
WINns4aee, PA 187734800 with a
letter of explanation. To the extent
permitted by law, you may accept late
payments, partial payments. or payments
marked `payment in full," or having similar
language, without waiving your rights
under this Note.
E. LATE CHARGE
I will pay a Lab Charge N I fail to make any part
of an installment payment within 15 days after
it becomes due. The amount of the Late Charge
will be identified on my Disclosures.
F. SUPPLEMENTAL FEES
1. You may charge an amount equal to the
Supplemental Fee at disbursement of my
khan. This fee will be Identified on my
Disclosures and will be a peltertage of the
principal balance of my loan. At the time
you issue each disbursement, you may add
to the principal loan balance an amount
equal to the pro rata portion of the
Supplemental Fee.
2. You may charge me a Supplemental Fee,
which will be identified on my Disclosures,
either at the beginning of my Repayment
Period, upon total repayment of my ban,
or upon an event described in Section J,
whichever is earlier. This fee will be a
percentage of the principal balance of my
loan after unpaid Interest accrued during
the Interim Period is capitalized.
3. Supplemental Fees are based on my
School, credit history and cosigners' credit
history. If my Lender is located in Utah, I
understand and agree that the amount of
the Supplemental Fee not exceeding 5% of
the original principal amount of the debt is
fully earned when It is assessed, and is not
refundable in the event of prepayment; I
also understand and agree that the amount
of the Supplemental Fee exceeding 5% is
earned proportionately over the entire term
of my loan and that the unnamed portion,
calculated on a pro rata basis, is refundable
in the event of prepayment. If my Lender is
not located in Utah, I understand and agree
that the Supplemental Fees are earned
when they are assessed and are not
subject to rebate if I prepay my ban.
G. PAYMENT RETURN FEE
If I make a payment and that payment is
returned or refused by my bank for any reason,
I agree to pay a charge of up to $20.00 for each
payment so returned.
H. CHARGES FOR OPTIONAL SERVICES
If 1 request and you agree to provide optional
services to me in connection with my loan, you
may charge me and I agree to pay the fees for
such services. The fee will be disclosed to me
before I accept any such service. Optional
services may include, but are not limited to: (1)
allowing me to make an expedited payment on
my loan; and (2) sending documents to me by
express delivery or facsimile transmission.
1. MONT TO PREPAY
I thew on right b prepay IN or any part of my
loan at any time wiBnot penally.
J. WHOLE LOAN DUE
Subject to applicable law, you have the right to
give me notice that the whole outsbnding
principal balance, accrued interest, and all
other amounts payable to you under the terms
of this Note are due and payable at once and to
cease to make any further disbursements to
me, if
1. I fail to make any payment to you when
due; or
2. 1 fail to provide a notice required in Section
L.1 on time; or
3. 1 break any of my other promises in this
Note; or
4. Any bankruptcy proceeding is begun by or
against me, or I assign any of my assets to
or for the benefit of my creditors, and such
proceeding has not been dismissed In 60
days; or
5. I make any false written statement in
applying for this loan or at any time during
the Interim Period or Repayment Period; or
6. 1 die or my cosigner dies; or
7.1 am in default on any loans I may already
have with you, or on any loans I may have
with you in the future. My failure to receive
a statement does not relieve me of my
obligation to make my required loan
payments In accordance with the terms
and conditions of this Note. If any of the
listed events occur, I will be required to pay
interest on this loan accruing afterwards at
the Variable Rate ap plicabie to this loan
prior to such event. The Variable Rate will
be subject to adjustment in the same
manner as before.
K. COLLECTION COSTS
If I am in default I agree to pay you reasonable
amounts permitted by law, including collection
agency fees, outside attorneys' fees and court
costs, which you incur in enforcing the terms
of this Note. Any such amounts include fees
and costs incurred In connection with any
appellate or bankruptcy proceedings.
L. NOTICES
1. 1 will send written notice to you, or any
subsequent holier of this Note, within 10
days after any change in my name,
address, telephone number or School
enrollment status.
2. Any notice required to be given to me by
you will be effective when mailed to the
latest address you have for me.
3. You may mPo t the sbba of this loan to
the School and to any credit bureau:.
Late payments, missed payments, or
other defaults on my account may be
reflected in nny credit bursa report.
4. 1 understand that the following notice is
required by federal law and that for
purposes of this notice, the word "you"
means the cosigner(s) who signed the
application.
NOTICE TO COSIGNER:
You are being asked In goorwhis this
debt. Think carefully before yeti do. 0
the borrower doesn't pay Bu debt, you
WIN haw to. Be tore yoo con altord to
pill N yon bw to, and mat > ? ? nl?, you want to
You may Its" to pay up to the pull
anmw of the debt 0 On borrower does
not pay. You may also hsw to pay late
Ica or collection costs, which Increase
11th Imam.
The leader can collect this debt tram
you taRlnor 1 Brat tying to collect from
the borrower. The bank an use the
some collection m olhodo apalast you
that on be used spina tine borrower,
such as soling you, ng your
wages, etc. It this debt is ever In
detaclt, that fact may become a part of
your credit record.
This notice Is not Bra contract that
makes you liable for the debt.
5. 1 understand that the following notice is
required by federal law and is only
applicable to loans issued to finance
educational expenses at far•protit
educational institutions or institutions
otherwise subject to the FTC Holder Rule
under 16 C.F.R. §433.2.
NOTICE:
ANY HOLDER OF THIS CONSUMER
CREDIT CONTRACT IS SUBJECT TO
ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF
GOODS OR SERVICES OBTAINED
WITH THE PROCEEDS HEREOF.
RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
I understand that the following notices are
required by or necessary under state law
and that these notices may not describe all
of the rights that i have under state and
federal law. Unless otherwise indicated,
each notice applies to borrowers and
cosigners who live in the indicated state on
the date that they sign this Note and to
borrowers and cosigners who are
residents of that state.
=FORNIA RESIDENTS ONLY- A married
applicant may apply for a separate
account. CALIFORNIA and UTAH
RESIDEN156 As required by California and
Utah law, I am hereby notified that a
negative credit report reflecting on my
credit record may be submitted to a credit
reporting agency if I fail to fulfill the terms
of my credit obligations. IOWA and
KANSAS RESIDENTS ONLY: (For purposes
of the following notice to Iowa and Kansas
residents, "you" means the borrower and
Cos!gner, not the lender.) NOTICE TO
CONSUMER: 1. Do not sign this paper
before you read it. 2. You are entitled to a
copy of this paper. 3. You may prepay the
unpaid balance at any time without penalty
and may be entitled to receive a refund of
(Copyright 0 Sallie Mae 2()00-061.1EDM064i
unearned cthar es in accordance with law.
b? a DIM QNLY? You elect
(Credit Grantor Closed End Credit
provislons) of Title 12 of the Maryland
Commercial Law Article only to the extent
that such provisions are not inconsistent
with your authority udder federal law (12
U.S.C. § 85, § 1463(8), or § 1831d, as
appropriate) and related regulations and
interpretations, which authority you
express) reserve. Mu?ss8h ru 1 Errs
B (DENTS ONLY, Massachusetts law
prohibits discrimination based upon
marital status or sexual orientation.
MISSOURI ORAL
A AGREEIK NTS QR COMMITMENTS
TO LOAN MONK EXPEND CREDIT
OR FORBEAR FROM ENFORCING
REPAYMENT OF DEBT INCLUDING
PROMISES TO EXTEND OR RENEW
SUCH DEBT ARE NOT ENFORCE-
ABLE. TO PROTECT YOU (BORROW-
ERW D US (CREDITOR) FROM
MI RSTAN ING OR OISAP-
POINTMENT, ANY AGREEMENTS WE
REACH COVERING SUCH MATTERS
ARE CONTAINED IN THIS WRITING,
WHICH IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN US, EXCEPT
AS WE MAY LATER AGREE IN
WRITING TO MODIFY IT. NEVADA
fiESIDENTS ONLY: This is a loan for study.
MEN JERSEY RESIDENTS, ONLY: The
section headings of the Note are a table of
contents and not contract terms. Portions
of this Note with references to actons
taken to the extent of applicable law apply
to acts or practices that New Jersey law
permits or requires. In this Nate, acts or
practices (i) by you which are or may be
permitted by applicable law" are permitted
by New Jersey law, and (ii) that may or will
be taken by you unless prohibited by
"applicable law" are permitted b New
Jersey law, NEW YO
and VERMOITr "SIDENT& 1 understand
and agree that you may obtain a consumer
credit report in connection with this
application and in connection with any
updates, renewals or extensions of any
credit as a result of this application. If I ask,
I will be informed whether or not such a
report was obtained and, if so, the name
and address of the agency that furnished
the report. I also understand and agree that
you may obtain a consumer credit report in
connection with the review or collection of
any loan made to me as a result of this
application or for other Iegibmate purposes
related to such loans. OHIO RESIDENTS
QNL, The Ohio laws against
discrimination require that all creditors
make credit equally available to all credit-
worthy customers, and that credit
reporting agencies maintain separate credit
histories on each individual upon request.
The Ohio Civil Rights Commission
administers compliance with this law.
VERMONT UIDENTS ONLY: (For
purposes of the following notice to
Vermont residents, "you" means any
cosiamr, not the lender) NOTICE TO
CO IGNER: YOUR SIGNATURE ON
THIS NOTE MEANS THAT YOU ARE
EQUALLY LIABLE FOR REPAYMENT
OF THIS LOAN. IF THE BORROWER
DOES NOT PAY, THE LENDER HAS A
LEGAL RIGHT TO COLLECT FROM
YOU. W SI liEeSIDENTS ONLY: For
married Wisconsin residents, my slgrrabire
confirms that this loan obligation is being
Incurred in the interest of my marriage or
tamW No provision of any marital property
agreement, unilateral statement under §
766.59 of the Wisconsin Statutes or court
decree under § 766.70 adversely affects
your interest unless, prior to the time that
the ban Is approved, you are furnished
with a copy of the marital property
agreement, statement, or decree or have
actual knowledge of the adverse provision.
M. ADDITIONAL AGREEMENTS
1. 1 understand tbtt when you accept the
attached application, you an not
agreeing to lend me money and that
there will be no such agnenhat unti the
later of the time the tuft db6arasmad of
the loan Is made or my rigiht to cancel In
paragraph 4 of this tecten has expand.
You have the right to lend an amount less
than the Loan Amount Requested If the
School certifies a lower cost of attendance.
You also have the right to cancel any
undisbursed amount If (a) I cease to be
enrolled at least half time at the School and
I do not owe the School for arty amounts
Incurred before I ceased to be enrolled at
least half time, (b) any cosigner notifies
you that he or she no longer wants to repay
the amount not yet disbursed, or (c) an
evert occurs as described in Section J, or
(d) the Scholl ceases to be. eligible to
participate in the Creative Education Loan
program.
2. If this Note is assigned, the assignee will
become the owner of this Note and will
have all your rights to enforce this Note
against me.
3.1 understand that you are located in the
Stab listed in the Introductory paragraph
of this Note and this Note will be whiered
Into In the some Stab. Consequenty, the
prordtlons of this Nob will be governed
by federal Im and the laws of that Site
to the extent not preempted, without
regard to Imrdtlct of law rules.
4. Upon receipt of the Interim Disclosure, I
will review it and if I am not satisfied with
the terms of my loan as approved, I may
cancel this Note and all disbursements. To
cartel this Note, I will contact you within 3
days of receipt by me of the loan check and
I will not cash any loan chocks, or if funds
are transmitted electronically, I will instruct
the School, within 3 days of receipt by me
of the Interim Disclosure, to return the
funds to you. I understand and agree that if
the information on my Interim or Final
Disclosure oonli is with the information in
this Note, the information on the
Disclosures applies.
5. Your acceptance of past due payments
does not waive or affect your right to
accelerate this Note. I waive any notice of
distimr, notice of protest, presentment,
demand for payment, and all other notices
or demands in connection with this Note
and consent to the addition of a party who
will be liable upon this loan or any other
loans I have outstanding under the
program, to any and all extensions,
renewals, or releases of any party liable
upon this ban or any other loans I have
outstanding under the program, or waterer
or modificcation that may be granted by
you, all without affecting or releasing any
borrower or cosigner from such loans. My
responsibility for repaying this loan is not
affected by the liability of any other person
to you or by your failure to notify me that a
payment has not been made.
6. It any provision of this Note is held invalid
or unenforceable, that provision shall be
considered omitted from this Note without
affecting the validity or enforceability of the
remainder of this Note.
7. This Note may be modified only If you put
the modification in writing and the
modification is agreed to by any borrower
or cosigner. Any such modification does
not require the consent of any other
borrower or cosigner and will not affect the
validity or enforceability of the remainder
of this Note.
8.1 understand that this loan is an
educational loan and is made under a
program that includes Stafford loans and
other loans and which Is funded in part by
non-profit organizations, including
governmental units and, therefore, is not
dischargeable in bankruptcy, except
pursuant to 11 U.S.C. § 523(a)(8).
9.1 acknowledge that I have received a true
and exact copy of this Note.
10. 1 may nota"n this Note or any of its
benefits or obligations. You may assign
this Note at any time. The obligations of
this Note will be binding on my estate.
11. Your failure to exercise any right hereunder
does not constitute a waiver thereof. All
waivers must be in writing.
12.1 hereby waive all my defenses to this Note
based on suretyship.
13.1 understand that you may use automated
telephone dialing equipment or an artificial
or pre-recorded voice message to contact
me in connection with this loan or loan
application. You may contact me at any
telephone number I provide In this
application or I provide in the future, even
if that number is a cellular telephone
number.
IMPORTANT INFORMATION ABOUT
PROCEDURES FOR OPENING A NEW
ACCOUNT
To help the government fight the funding of
terrorism and money laundering activities,
Federal law requires all financial institutions
to obtain, verify, and record information that
identifies each person who opens an
account
What this means for me: When I apply for a
student loan, you will ask for my name,
address, date of birth, and other information
that will allow you to identify me. You may
also ask to see my driver's license or other
Identifying documents.
rCopyriBM G Sallie Mae 20(X- 6) 3EDMO601
N. CERTIFICATION AND CONSENT TO
INFORMATION SHARING
1. 1 certify that the information contained in
Sections A, B and C of the application is
true, complete and correct to the best of
my knowledge and belief and is made in
good faith, that I am eligible for this loan
and that I will repay it according to the
terms of this Nob. I understand and agree
that my Lender is listed in the introductory
t'_-§caph of this NO. i hereby authorize
th
he 5cod to pay to you any refund that be due me u to amou of this
loan. I understand t that must immediately
repay any funds that I receive which cannot
reasonably be attributed to meeting my
educational expenses related to attendance
at the School and hereby authorize the
School in its discretion, to refund any
portion of my loan that exceeds direct
institutional charges. At your option, you
may either ele trordcally transmit funds to
the School to be applied to my account, or
if ou Issue checks, you may issue a check
jointly payable to me and the School, and
send it to the School. It funds are
electronically transmitted, I hereby
authorize the School to transfer the funds
to my account at the School. I understand
that failure to complete the educational
program undertaken by me does not
relieve me of any obligation under this
Note.
2. 1 authorize any school that I may attend to
release to you, the U.S. Department of
Education, The guarantor or their agenk,
any requested Information pertinent to
this loan (e.g., aahployment, enrollment
stabs, current a . it) and to advise
you whether f am ellif Is Mr a future
loan. I authorize yon, year apente, and
ny, b
tagents,eMatahlstay
tcredt my cxedil amhe or itssmploy nr
for this loan and for future loan= tlhst may
be offered to me, to answer questions
abort their credit experience with me,
and to release the naafis of the credit
review process to the School. I further
sulikedze yam to release any other
Information on tits iota to the School, to
odor schools I have attended for which I
have Woes out a sbufeat loan, and to the
pua ranter, If any.
3.1 consent to the sharing of any
Information about this loan with my
puert, Ouardba, child, spouse or sibling
who complies with your procedures
union I revoke this consent or unint
probibfted by how. I understand that 1 may
revoke this consent by contacting the
servicer at 1-888-2SALLIE or P.O. Box
9500, Wilkes-Barre, PA 18773-9500.
4. 1 certify that ON of the khan proceeds are
solely to pay for my qualified higher
education expenses at the School.
5. 1 also certify that I have read the materials
explaining the loan program that have been
provided to me; I have read, understand
and agree to the provisions of the program,
my responsibilities and my rights under
this program, the terms of this Note and
this "Certification and Consent to
information Sharing" and that the program
is funded in part by non-profit
organizations.
0. CORRECTION OF ERRORS
All parties to this Note agree to fully cooperate
and adjust all typographical, computer,
calculation or clerical errors discovered in any
or all of the loan documents including the
Application, Note and Disclosures. in the event
this procedure is used, all parties involved will
be notified and receive a corrected copy of the
changed document.
P COSIGNER/BORROWER RELEASE
I agree that, 0 any cosigner applicant fails to
quality for this loan, sold cosigner applicant will
be released from liability hereunder, but this
Note will still bind the borrower. I also agree
that an proved cosigner may be released
from liability hereunder upon application by a
borrower who has made 24 consecutive on-
time monthly payments of principal and
interest during the first 2 years of the
Repayment Period of this loan (not including
deferments and forbearances) and who meets
applicable credit criteria at the time of the
application, with the borrower remaining liable
for this loan after such cosigner release. As
cosigner, I agree that If the borrower is
released from liability on this loan for any
reason, including infancy, I hereby consent to
such release and to my continued liability for
this loan after such release.
Q. ARBITRATION AGREEMENT -
READ CAREFULLY
You and I agree that either party may elect to
arbitrate - and require the other party to
arbitrate - any Claim under the following terms
and conditions. This ArbRrattion Agreement Is
part of the Creative Education Loan Promissory
Note ("Note").
1. RIGHT TO REJECT - I may reject this
Arbitration AgreemaM by sending you a
rejection notice by certified or ntilstend
mail or by menemper service within 80
days after the date of my first
dlsborsemed. Any Rejection Notice must
include my new, address, telephone
number and loan or amount number, and
most be sent to Sehte Mae, P.O. Box
50030, Panama City, FL 32412.
2. IMPORTMIT WAIVERS AND WARNING - it
you or I elect to arbtrate a Claim, you
and I bath waive the right la: (A) haw a
court or a jury dedde the im; (B)
portidpate in a clan action In court or in
arbitration, either as a clots
represeMatve or a class member, or act
as a private a perreral in coon or In
arbi ration (the "Class Action Waiver");
(C) join or consolidate Cialm(s) with
claims imrolvl?p any other person; or (D)
obtain Information except as provided
herein. WARNING: Odor dolls are more
limited or not available In arbitration.
3. DEFINITIONS - In this Arbitration
Agreement, the following definitions will
apply:
"1," "me' and 'my" mean each and every
borrower and cosigner on the Note; the
Student on whose behalf the proceeds of
the Note have been advanced; and the
heirs, executors and assigns of all of the
foregoing. "You," "your" and "yours' mean
the Lender, any other subsequent holder of
the note; Sallie Mae, inc.; any Sallie Mae
affiliate or subsidiary; all of their parents,
wholly or majority owned subsidiaries and
affiliates; any predecessors, successors
and assigns of these entities; and all
officers, directors and employees thereof.
It also includes any party named as a
co-defendant with you in a Claim asserted
by me, such as investors or potential
investors, credit bureaus, credit insurance
companies, closing agents, escrow agents,
insurance agents, loan ongmaters, rating
agencies, loan servicers, debt collectors,
loam guarantors, performance bond
trustees, tuition recovery funds, the
School, and any of the School's financial
aid offices or officers. "Administrator"
means, as applicable, the American
Arbitration Association, 335 Madison
Avenue, New York, NY 10017,
Madr.oro, (800) 778-7879, or the
National Arbitration Forum, P.O. Box
50191, Minneapolis, MN 55405, mum
om, (800) 474-2371, provided
that the Administrator must not have in
place a formal or informal policy that is
inconsistent with and purports to override
the terms of this Arbitration Agreement.
"Claim" means any claim, dispute or
controversy between you and me that
arises from or relates in any way to the
Note, including any dispute arising before
the date of this Arbitration Agreement and
any dispute relating to: (1) the Note and
any applications, disclosures and other
documents relating in any way to the
transactions evidenced by the Note; (2)
any insurance or other service or product
offered or made available by or through
you in connection with the Note, and any
associated fees or charges: and (3) any
documents, Instruments, advertising or
promotional materials that contain
information about the Note or any
associated insurance or other service or
product. This Includes, without limitation,
disputes concerning the validity,
enforceability, artiltrability or scope of this
Arbitration Agreement or the Note;
disputes involving alleged fraud or
misrepresentation, breach of contract,
negligence or violation of statute,
regulation or common law; and disputes
involving requests for injunctions or other
equitable relief. However, "Claim" does not
include arty individual action brought by
me in small claims court or my state's
equivalent court, unless such action IS
transferred, removed, or appealed to a
different court "Claim" don not Include
any chaitenpe to the velldhy and effect of
the Clan Action Waiver, which must be
decided by a coon.
STARTING AN ARBITRATION - To initiate
an arbitration, you or I must give written
notice of an election to arbitrate. This
notice may be given after a lawsuit has
been filed and may be given in papers or
motions in the lawsuit. it such a notice is
given, the Claim shall be resolved by
arbitration under this Arbitration
Agreement and the applicable rules of the
Administrator then in effect. I must select
the Administrator when I give notice of my
election to arbitrate or within 20 days of
your notice; otherwise, you will select the
('Copyright 0 Sallie Mae 2000-06) AEDN40601
Administrator. The arbitrator will be
selected under the Administrator's rules,
except that the arbitrator must be a lawyer
with at least ten years of experience or a
retired judge.
5. LOCATION AND COSTS - Any arbitration
hearing that I attend will take place in a
location that is reasonably convenient to
me. You will consider (and generally
honor) any good faith request by me for
you to bear the fees charged by the
Administrator and the arbitrator and will
always pay the fees if required by
applicable law. You will not seek
reimbursement from me of fees you are
required to pay or agree to pay on my
behalf. Each party must pay the expense of
that party's attorneys, experts and
witnesses, regardless of which party
prevails in the arbitration, unless
applicable law otherwise provides.
6. DISCOVERY; GETTING INFORMATION -
Either party may obtain from the other
party prior to the hearing any Information
avail ble under the Administrator's rules or
any information the arbitrator determines
should be made available.
7. EFFECT OF ARBITRATION AWARD - Any
court with jurisdiction may enter judgment
upon the arbitrator's award. The
arbitrator's award will be final and binding,
except for. (A) any appeal right under the
Federal Arbitration Act, 9 U.S.C. §§1 et
seq. (the "FAA's; and (B) Claims involving
more than $50,000. For Claims involving
more than $60,000, any party may appeal
the award to a three-arbitrator panel
appointed by the Administrator, which WHI
reconsider de novo any aspect of the initial
award that is appealed. The panel's
dedsion will be final and binding except
for any appeal right under the FAA. Except
as provided above under the caption
"Location and Costs," the appealing party
will pay the Administrator's and
ubitrators costs of the appeal.
8. GOVERNING LAW - This Arbitration
Agreement is made pursuant to a
transaction involving interstate commerce
and shall be governed by the FAA, and not
any state law concerning arbitration.
The arbitrator shall follow applicable
substantive law to the extent consistent
with the FAA, applicable statutes of
limitation and applicable privilege rules,
and shalt be authorized to award all
remedies permitted by applicable
substantive law, including, without
limitation, compensatory, statutory and
punitive damages (subject to
cons#Monal limits that would apply in
court), declaratory, injunctive and other
equitable relief, and attorneys' fees and
costs. Upon the timely request of either
party, the arbitrator shall write a brief
explanation of the basis of his or her
award.
9. SURVIVAL, SEVERABILITY, PRIMACY -
This Arbitration Agreement shall survive
my fuli payment of the Nate; your sate or
transfer of the Note; any legal proceeding
to collect a debt owed by me; any
bankruptcy or insolvency; any forbearance
or modification granted pursuant to the
Note; any cancellation, or request for
cancellation, of any or all disbursements
under the Note; and any change in the
School enrollment status of the Student. ff
any portion of this Arbitration Agreement
cannot be enforced, the rest of the
Arbitration Agreement will continue to
apply, provided that the entire Arbitration
Agreement shall be null and void if the
Class Action Waiver is held to be Invalid
with respect to any class or representative
Claim, subject to any right to appeal such
holding. In the event of any conflict or
inconsistency between this Arbitration
Agreement and the Administrator's rules or
the Note, this Arbitration Agreement will
govern; In the event of any conflict or
inconsistency between the Administrator's
rules and the Note, the Administrator's
rules will govern.
(Copyright 0 Sarfie Mae 2000-l ) 3EDMO601
STATE OF INDIANA
COUNTY OF HAMILTON
Defendant: NICHOLAS S THURSTON, Note: 092764519-0106
AFFIDAVIT
1, Mary Kay Mauer, being of full age, hereby certify as follows:
1. I am more than 19 years of age and am competent to make this affidavit.
2. I am employed by Sallie Mae, Inc., as Litigation Assistant. I am authorized to make this affidavit on behalf of Sallie Mae, as
Administrator and Agent for SLM EDUCATION CREDIT FINANCE CORPORATION.
3. I am familiar with the facts and circumstances in connection with this account and have been authorized to make this affidavit in the
above referenced case.
4. In the ordinary course of business and as a regular business practice, Sallie Mae, Inc., as Administrator and Agent for SLM
EDUCATION CREDIT FINANCE CORPORATION. compiles business records memorializing account activity and transactions at or
near the time they occur.
5. Entries in the files and business records of Plaintiff are made contemporaneously with transactions in order to preserve the accuracy of
the transaction.
6. Account information and business records regarding Plaintiffs accounts are maintained by Sallie Mae, Inc., as Administrator and Agent
for SLM EDUCATION CREDIT FINANCE CORPORATION.
7. I have custody and control of the files and business records relating to this account.
8. There is now due and owing from defendant to plaintiff, the sum of principal $21766.33 and $3836.48 interest accrued through 05-25-
11, with interest accrued from that date at the contract interest rate as well as $0.00 for late charges and after allowing for all payments or
lawful credits or offsets a combined total sum outstanding of $25602.81.
9. The documents attached to this affidavit, if any, are true and accurate copies of business records regarding the Defendant's account.
10. Based upon the account information that I reviewed, the Defendant is not an infant or incompetent person. I have input the Defendant's
name in the Manpower Department of Defense database and based upon that review, the defendant' is not on active duty with the Armed
Forces of the United States of America or its allies.
I affirm under the penalty of perjury that the above facts are true and correct to the best of my belief.
dA 4a )??A aL-l , ? Q,_ .
Mary Ka aver, L' tion Assistant, Sallie
Mae, Inc., as Admin trator and Agent for
SLM EDUCATION CREDIT FINANCE
CORPORATION ?n
IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my o icial s on
Lary Public .
Kimberly L. Peace
My Commission Expires: June 18, 2018
Within and for the County of Hancock
And State of Indiana
Notary Number 617811
2620428 - AITXHMCW
?a S?Ya
Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci Attorney I.D. # 92800
Gregory R. Dye Attorney LD #205316
1835 Market Street, Suite 501
Philadelphia, PA 19103
610-902-0644
Attorney for Plaintiff,
SLM EDUCATION CREDIT FINANCE CORPORATION
SLM EDUCATION CREDIT FINANCE CORPORATION
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
1835 Market Street, Suite 501
Philadelphia, PA 19103
Plaintiff,
vs.
NICHOLAS S THURSTON
242 W COLUMBIA RD
ENOLA PA 17025-2207
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No. // - 5'? ;. S
C o ?
xrn C=
'c
r-2:
Co
o
?
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF
SLM EDUCATION CREDIT FINANCE CORPORATION.
Papers may be served at the address set forth below:
Blatt, Hasenmiller, Leibsker & Moore, LLC
1835 Market Street, Suite 501
Philadelphia, PA 19103
Telephone Number: 1-610-902-0644
Dated: July 1, 2011
By:
BLATT, HASEN LER,
& MOORE, L
Gregory R. Dye
2620428
PPTXPEAI
I
1111111111111 IN IN I I 11111111111111111111111111111 IN
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
.. 4
F ILE_-0
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
-8 PH I
Lei i AU C
PENN !SY! YANI
SLM Education Credit Finance Corporation
Case Number
vs.
Nicholas S. Thurston 2011-5725
SHERIFF'S RETURN OF SERVICE
08/01/2011 05:51 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
August 1, 2011 at 1751 hours, she served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Nicholas S. Thurston, by making known unto Ken Bateman, adult in charge at
1432 3rd Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to him personally the said true and correct copy of the same.
r
MICHELLE GLITSHALL, DEPUTY
SHERIFF COST: $58.00
August 02, 2011
u=?`i tr 3';0e+1 I ;ufii. In;7
SO ANSWERS,
RON R ANDERSON, SHERIFF
Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci
Attorney I.D. #92800
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
Attorney for Plaintiff,
SLM EDUCATION CREDIT FINANCE CORPORATION
SLM EDUCATION CREDIT FINANCE CORPORATION
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS
1835 Market Street, Suite 501
Philadelphia, PA 19103 CUMBERLAND COUNTY, PA
Plaintiff,
- -
CIVIL ACTION ,i
VS. -?%
25 r --a J-.
No. 11-57 %-;
NICHOLAS S THURSTON
242 W COLUMBIA RD s`
ENOLA PA 17025-2207
Defendant(s).
'
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
FOR FAILURE TO PLEAD
TO THE PROTHONOTARY:
Kindly ENTER a JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD against the
DEFENDANT NICHOLAS S THURSTON in this matter in the amount of $25,602.81 plus court costs.
I also hereby certify that a true and correct copy of the Notice required by Pa.R.C.P.
237.1(a)(2) was mailed separately to each defendant on 09-14-11 by regular mail. A true and
correct copy of each Notice is attached hereto.
Dated: October 3, 2011
Respectfuiiy sub ed,
BLATT, HA N LLER IBSKER
& MOORE, LC
By:
Dan
r/ j, a p 6L a`l7
262W28 Gl-11I
'?-7 51-1
PPTuJPFJHI I ? ?4 -7
IIIII?II??III1IN11II11II1II111IIIIN : le?
M1 M
II1IN
Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci, Attorney I.D. #92800
Gregory R. Dye, Attorney I.D. #205316
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
Attorney for Plaintiff,
SLM EDUCATION CREDIT FINANCE CORPORATION
SLM EDUCATION CREDIT FINANCE CORPORATION
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
1835 Market Street, Suite 501
Philadelphia, PA 19103
Plaintiff,
VS.
NICHOLAS S THURSTON
242 W COLUMBIA RD
ENOLA PA 17025-2207
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No. 11-5725
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA: County of Chester:
I, Daniel Santucci/Gregory R. Dye, being duly sworn according to law, depose and say
I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf.
I hereby certify that the Defendant is at least 18 years of age and not in the Military Service
of the United States, nor any State or Territory thereof or its allies as defined in the
Servicemembers' Civil Relief Act of 2004 and any amendments thereto.
I also herby certify that the statements made in the foregoing Affidavit of Non-Military
Service are true and correct to the best of my information, knowledge, and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to authorities.
BLATT, HASE"ILLER, LEI
& MOORE, L /
Dated: October 3, 2011
By:
regory R. Dye
2620428
PPTJCAMI
111111 NII1NICIIN 1111IIIIINIIIIIIIIIIIIIIIIIIN
SLM EDUCATION CREDIT FINANCE CORPORATION
Plaintiff,
Vs.
NICHOLAS S THURSTON
242 W COLUMBIA RD
ENOLA PA 17025-2207
Defendant(s).
TO: NICHOLAS S THURSTON
Date of Notice: September 14, 2011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No. 11-5725
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 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 267-2032
BLATT, HASENMILLER, LEIBSKER
& MOORE, LLC
By:
Daniel San ucci
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
This is a communication from a debt collector. This is an attempt to collect a debt and any information
obtained will be used for that purpose.
2620428
PPTNLRSI
1111111 EM" ilk WIN" 11111 IN 111111111111111111
SLM EDUCATION CREDIT FINANCE CORPORATION
Plaintiff,
VS.
NICHOLAS S THURSTON
242 W COLUMBIA RD
ENOLA PA 17025-2207
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No.
No. 11-5725
TO: NICHOLAS S THURSTON
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default
Judgment has been entered against you in the above proceeding.
Dated:
PROTHO TARY
By:
IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT:
Attorney of Record for Plaintiff:
Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci
Attorney I.D. #92800
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
2620428
PPTNDJNI
III IN 11 ICI N11IN Hill IIIII111111IIIIIII11II