HomeMy WebLinkAbout11-6168V/
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
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.
VINCENT D GOOD
965 S 29TH ST
CAMP HILL PA 17011-5805
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION /?
at 1
No. 11- et , z
C'7 1V
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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
G
-W t-y-1
2635001
PPTCPADI
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
notification. 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
Daniel Santucci
1835 Market Street, Suite 501
Philadelphia, PA 19103
800-850-1079
Attorney for Plaintiff,
SLM EDUCATION CREDIT FINANCE CORPORATION
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
Plaintiff,
VINCENT D GOOD
VS.
965 S 29TH ST
CAMP HILL PA 17011-5805
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No. Jl , C /( a elf,/
Plaintiff, SLM EDUCATION CREDIT FINANCE CORPORATION, claims as follows:
1. The Defendant(s), VINCENT D GOOD, 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 $8585.14. See Plaintiff's
Exhibit B.
5. 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) VINCENT D GOOD, in the
amount of $8585.14. /I
Resp#c,N"ully subm
Daniel J. Santucci, Attorney No. 92800
Gregory Dye, Attorney No. 205316
Dated: July 21, 2011
2635001
PPTCNCSI
VERIFICATION
the undersigned attorney for the Plaintiff, hereby verify that the
statements made in the foregoing Complaint are true and correct to the best of my knowledge,
information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is
presently located outside of this jurisdiction, and that in order to file the within document in an
expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsifications to aul
PPTXVERI
Exhibit "A"
PPTXEXAI
TRUE AND EXACT COPY OF THE ORIGINAL
T@$. /70'1 i I
ITT Signature Opportunity Loan S8t NW XC
Application card Promissory Note 1-800-695-3317 Acadernic Year 2004-2005
For Lo" Fast Disblcsed a22!g May 31, 2005
Lender: Beak One, NA Columbus, Ohio Lender Coda 808857
Section A. Student Applicant Section: Plena read instructions before completing tbk action
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f m and bark of liar CIS (faematy INS) card (= Form 1.551)• Foreign students
rout mbudt a copy of eidta Ib?r student VISA (type Fl, H1B or JI) or a copy of dmir
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Section B: Boren er Signature
20. CAU110lvi - 1T IS lMMRTAN r Notice to Customer (a) Do na sign trot before you tad I declare do the iofa m odoo provided above is true and cm*lft to the best of my
THAT YOU 7HOROUGI LY READ the promissory note even if adrewm advised (b) Do knowledge and bebE I have read the Prombomy Nose (X=04-7) ao?r r?
THE COWAACT BBPORE YOU nd sign >ms if it cocui am my blank tptcet (c) You m this applicadan. Promise to pay; 1 promise to pey die kader a my tuba bolder of
SIGN IT. waded to an ama copy of my agtm xsd you sign (d) dvit tom a6 sutras dish ned undw the tams of the Prmiwary Note, plus idCl'ett
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ugmd baLnce due tsvda fis agreement and you may Pramiacry Note caasd= due taum agmemad baaem Its
be cooed to ¦ partial rdimd of the fmmoe cbmge
Signature of Borrower (seal) Date -a -O C-f *24
Section C: Sebool Section Mist be completed by an nRhorized school official
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Marl applicauvn to: Sallie Mac Servicing a PO Box 59030 • Pmama Cary FL 32412-9030
rtT tt:Wpe s.>&wrsooa ituor
TRUE AND EXACT COPY OF THE ORIGINAL
c"73t:7 ?t'1t 21Efl! i Y
Ouportunity Loan Authorization Form
School Name:
ITT
Re: Authorization to Disburse Opportunity Loan Funds
School Code: a 6'? 3 2- 9- OS
The student listed below has been approved to receive educational funding for the
academic year through the Opportunity Loan Program:
0 Y/0-5
US Citizen or Perm Resident Student ( XC - OPP)?'i Foreign Student (XC -FW ?
Student's Name: 4.0 C. Z/-7/' C9 O Od Student's SSN: aDN-SB-- ?1 Z,
Loan Amount: S so Od
Loan Period: //- -?-9-0&/ Ao 9 -3 -0 S
Status: n / H (select one) Grad Date:
Grade Level: /
/ / -?-S- O-Zo
Disbursement Dates: (t) (2) -3 7--0 S (3) (a - & -o S(4)
•Reanlred INS Documentation for Student Approvals:
Please provide one of the following:
Front and back copy of INS Form 1-551 (permanent residents)
Copy ofJ-I visa
Copy of F-1 visa,
Copy of H-1B visa,
Copy of 1-94 and a copy ofpassport (with photo)
Copy Form I-688B
Copy Form 1-766
By signing below, ITT certifies that no applicant was refused or approved for this loan on the basis of his or her race,
color, religion, national origin, sex, sexual orientation, marital status or age (provided the applicant has the capacity to
enter into a binding contract), the fact that any part of his or her income derives from a public assistance program, or the
fact that the applicant has in good faith exercised any right under the federal Consumer Credit Protection Act or any state
law upon which an exemption to the Act has been granted by the Federal Reserve Board.
Authorized Approver: / /-- Z - U IL
(Stoma-y? Cr-s^/`1l 1 (Date) d?/-?Z43
(Printed Name) (Ph ne Number)
NOTE: Applicants with prior student loan defaults are not eligible for Opportunity Loans approval. Signed,
completed applications, including required INS documentation, must be provided to Sallie Mae prior to disbursement.
Send Completed Form To:
Mail: SMSC/FL Fax: (850) 767-7477
PO Box 59030 Attn: Private Credit Originations
Panama City, FL 32412-9030
Revbed O4/rl1104
ITT Signature Opportunity Promissory Note
Document XC2004-T
In this Promissory Note ("Note') the words "I", "me",
"my", and "mine" mean the above signed borrower.
'You', "your" and 'yours' mean the lender as listed on
the front of the application and any subsequent holder
of this Promissory Note.
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. DEFINITIONS
1. Interim Period - The "Interim Period" will begin on
the date my loan is disbursed. My Interim Period will
end 6 months after I graduate or drop below half-time
enrollment at an eligible school.
2. Repayment Period - The "Repayment Period" will
begin on the day after the Interim Period ends and will
continue up to 300 months depending on my loan
balance. If my loan is made six months or more after I
graduate or drop below half-time enrollment 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 loan. 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
CAROLINA RESIDENTS: I will be in default if 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: 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 loan
check or the date the loan funds are electronically
transferred to my school named in Section C of the
application ("School").
6. 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. The terms "Interest", "Late Charge", "Payment
Return Fee", "Collection Costs", and "Supplemental
Fees" are defined in the sections so titled. "Variable
Rate" is defined under Section C, Interest.
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. For loans first disbursed before June 1, 2004
The Variable Rate will change quarterly on the first
day of each January, April, July and October (the
"Change Date(s)") if the current index changes. The
Variable Rate for the Interim and Repayment Period is
the annual rate equal to the sum of the highest Prime
Rate as published in The Wall Street Journal (Eastern
Edition) "Credit Markets" section, "Money Rates' table
on the fifteenth day of the last month of the quarter
prior to my loan's Disbursement or Change Date (the
"Current Index") plus 10% per annum (the "Margin"),
rounded to the nearest one-eighth of one percent
(0.125%). For example, the Variable Rate for each
quarter beginning January 1s' will be determined by
the applicable Prime Rate published on the preceding
December 191.
For loans first disbursed on or after June 1, 2004
The Variable Rate will change monthly on the first day
of each month if the Current Index changes. The
Variable Rate for the Interim and Repayment Period is
the annual rate equal to the sum of the highest Prime
Rate as published in The Wall Street Journal (Eastern
Edition) "Credit Markets" section, "Money Rates' table
the next to the last business day before the end of the
prior month (the "Current Index"), plus or minus the
percentage as identified on my Disclosure, per annum
(the 'Margin'), rounded to the nearest one-eighth of
one percent (0.125%). A business day is defined as a
day the Federal Reserve is open. For example, the
Variable Rate for January will be determined by the
Prime Rate published in The Wall Street Journal on
the preceding December 301h if there is no intervening
weekend.
3. Once set, the Margin does not change. If The Wall
Sheet Journal is not published or the Prime Rate is
not stated in the "Money Rates" table on the date to
be used for the Current Index, then the Current Index
will be determined by using the immediately preceding
published Prime Rate. If the Current Index ceases to
be available, you will choose a comparable substitute
Index.
D. TERMS OF REPAYMENT
1. Interim Period - I am not required to make
payments during the Interim Period. You will capitalize
unpaid accrued interest at the beginning of the
Repayment Period.
2. Repayment Period - I 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 charges I may
owe under this Note.
3. Standard Repayment Terms - Subject to the terms
of paragraph 4, you will establish a schedule of
whereby I will repay my loan in consecutive monthly
installments of principal and interest calculated to
equal the amount 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.
4. Graduated Repayment Option - I may choose a
graduated repayment option, if available. If I convert to
this option, I will notify you in writing.
5. Amounts Owing at the End of the Repayment
Period - Since interest accrues daily upon the unpaid
principal balance of my loan, if I 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.
6. Minimum Repayment - Notwithstanding paragraphs
3, 4 and 5 of this Section, I agree to pay at least $50
per month or the unpaid balance, whichever is less on
all my Signature Student Loans.
7. Payments - Payments will be applied first to Late
Charges, then to Payment Return Fees and Collection
Costs, then to accrued interest, and the remainder to
principal. Payments in excess of the 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 next payment due date will be May.)
8. If I wish to make a payment in satisfaction of a
disputed amount or balance, I must send it to P.O.
Box 3800, Wilkes-Barre, PA 18773.3800 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 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 Disclosure.
F. SUPPLEMENTAL FEE
Fee at Disbursement - You may charge an amount
equal to the Supplemental Fee at disbursement of my
loan. This fee will be identified on my Disclosure and
will be a percentage of the principal balance of my
loan. At the time you issue any disbursement, you
may either deduct from the disbursement or add to the
principal loan balance an amount equal to the
Supplemental Fee.
I understand and agree that the Supplemental Fee is
earned when it is assessed and is not subject to
rebate if I prepay my loan.
Copyright Sallie Mae 2000-04 (1/2004)
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 I 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. RIGHT TO PREPAY
I have the right to prepay all or any part of my loan
at any time without penalty.
J. WHOLE LOAN DUE
Subject to applicable law, you have the right to give
me notice that the whole outstanding 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.,
1.1 fail to make any monthly payment to you when
due; or
2.1 fail 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 or
Repayment Period; or
6.1 die; 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 same rate of interest applicable to
this loan prior to such event. The interest 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 aftomeys' 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
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 RESIDENTS: I understand and agree that you may
effective when mailed to the latest address you have obtain a consumer credit report in connection with this
for me.
3. You may report the status of this loan to the School
and to any credit bureaus.
4. CALIFORNIA RESIDENTS ONLY: A married
applicant may apply for a separate account. If you
take any adverse action as defined by § 1785.3 of the
California Civil Code and the adverse action is based,
in whole or in part, on any information contained in a
consumer credit report, I have the right to obtain within
60 days a free copy of my consumer credit report from
the consumer reporting agency who furnished you my
consumer credit report and from any other consumer
credit reporting agency which compiles and maintains
files on consumers on a nationwide basis.
CALIFORNIA and UTAH RESIDENTS: 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: (For purposes of the following
notices to Iowa and Kansas residents, "you" means
the borrower, 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 unearned charges in accordance with law.
MARYLAND RESIDENTS ONLY: You elect to make
this loan pursuant to Subtitle 10 (Credit Grantor
Closed End Credit provisions) of Title 12 of the
Maryland Commercial Law Article only to the extent
that such provisions are not inconsistent with your
authority under federal law (12 U.S.C. § 85, § 1463(g),
or § 1831d, as appropriate) and related regulations
and interpretations, which authority you expressly
reserve. MASSACHUSETTS RESIDENTS ONLY:
Massachusetts law prohibits discrimination based
upon marital status or sexual orientation. MISSOURI
RESIDENTS ONLY: ORAL AGREEMENTS OR
COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT OR FORBEAR FROM ENFORCING
REPAYMENT OF DEBT INCLUDING PROMISES TO
EXTEND OR RENEW SUCH DEBT ARE NOT
ENFORCEABLE. TO PROTECT YOU
(BORROWER(S)) AND US (CREDITOR) FROM
MISUNDERSTANDING OR DISAPPOINTMENT, ANY
AGREEMENTS WE REACH COVERING SUCH
MATTERS ARE CONTAINED IN THIS WRITING,
WHICH IS THE COMPLETE AND EXCLUSIVE
application and in connection with any updates,
renewals of 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 legitimate purposes related to
such loans. OHIO RESIDENTS ONLY: 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. WISCONSIN RESIDENTS ONLY: For
married Wisconsin residents, my signature confirms
that this loan obligation is being incurred in the interest
of my marriage or family. No provision of any marital
property agreement (pre-marital 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. If the loan
for which I am applying is granted, I will notify you if I
have a spouse who needs to receive notification that
credit has been extended to me.
M. ADDITIONAL AGREEMENTS
1.1 understand that when you accept the attached
application, you are not agreeing to lend me
money and that there will be no such agreement
until the time the first disbursement of the loan is
made. 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, after you agree to
make the loan, (a) I cease to be enrolled [at least half
time] at the School and I do not owe the School for
financial need incurred before I ceased to be enrolled
[at least half time], or (b) an event occurs as described
in Section J.
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 State
listed on the front of the attached application and
STATEMENT OF THE AGREEMENT BETWEEN US, this Note will be entered into in the same State.
EXCEPT AS WE MAY LATER AGREE IN WRITING
TO MODIFY IT. NEVADA RESIDENTS ONLY: This is
a loan for study. NEW 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 actions taken to the extent of
applicable law apply to acts or practices that New
Jersey law permits or requires. In this Note, 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 by New Jersey law.
NEW YORK. RHODE ISLAND and VERMONT
Consequently, the provisions of this Note will be
governed by federal laws and the laws of that
State to the extent not preempted, without regard
to conflict of law rules.
4. Upon receipt of the 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, I 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 Disclosure, to
return the funds to you.
Copyright Sallie Mae 2000-04 (1/2004)
5. By accepting past due payments you do not waive
or affect any 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 loan 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 me 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 validity or
enforceability of the remainder of this Note.
7. Any provision of this Note may be modified if jointly
agreed upon in writing by you and me. Any
modification 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. Code § 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.
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 you: When you apply for a
student loan, we will ask for your name, address, date
of birth, and other information that will allow us to
identify you. We may also ask to see your driver's
license or other identifying documents.
N. BORROWER'S CERTIFICATION AND
CONSENT TO INFORMATION SHARING
1. I, the borrower, certify that the information
contained in Section A 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 Note. I understand and agree that my lender
will be as listed on the front of the attached
application. I hereby authorize the School to pay to
you any refund that may be due me up to the amount
of this loan. 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. At your
option, you may either electronically transmit funds to
the School to be applied to my account, or if you issue
checks, I authorize you to 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 of 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 agent, any requested
Information pertinent to this loan (e.g.,
employment, enrollment status, current address)
and to advise you whether I am eligible for a
future loan. I authorize you, your agent, the
guarantor or its agent to check my credit and
employment history for this loan and for future
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 information on this loan to the
School, to other schools I have attended for which
I have taken out a student loan, and to the
guarantor.
3. 1 consent to the sharing of any information
about this loan with my parent, guardian, child,
spouse or sibling who complies with your
procedures unless I revoke this consent or unless
prohibited by law. I understand that I 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 all of the loan 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 "Borrower's 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
Disclosure. In the event this procedure is used, all
parties involved will be noted and receive a
corrected copy of the changed document.
Copyright Sallie Mae 2000-04 (1/2004)
STATE OF INDIANA
COUNTY OF HAMILTON
Defendant: VINCENT D GOOD, Note#: 204583432-0101
AFFIDAVIT
I, 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 Plaintiff's accounts are maintained by Sallie Mae, Inc., as Administrator and Agent
for SLM EDUCATION CREDIT FINANCE CORPORATION.
7. 1 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 $7320.15 and $1264.99 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 $8585.14.
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 beli
??--,
4
Mary Kay Mau ttigati ssistant, Sallie
Mae, Inc., as A tnis . d Agent for
SLM EDUCATION CREDIT FINANCE
CORPORATION
IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my official seal on /.
Notpf Publi
Kimberly L. Peace
My Commission Expires: June 18, 2018
Within and for the County of Hancock
And State of Indiana
Notary Number 617811
2635001 - ATTXHMCW
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.
VINCENT D GOOD
965 S 29TH ST
CAMP HILL PA 17011-5805
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.
BLATT, HA
& MOORE,
Dated: July 21, 2011
By:
Gregory R.
ER, LEJ'SKER
2635001
PPTJCAMI
1 II111I1111IIIII 11 h III Ifflu 11111111111 NIII 11111111111111111111
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,
VINCENT D GOOD
VS.
965 S 29TH ST
CAMP HILL PA 17011-5805
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No./, - 6 /G qP Cl ?l
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly ENTER my appearance in the above-captioned matter on behalf of
PLAINTIF?P-
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SLM EDUCATION CREDIT FINANCE CORPORATION. rn
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Papers may be served at the address set forth below: <> -
Leibsker & Moore, LLC
Hasenmiller
Blatt <' a•
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1835 Market Street, Suite 501 c - °rT
Philadelphia, PA 19103 &
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Telephone Number: 1-610-902-0644
Dated: July 21, 2011
By:
2635001
PPTXPEAI
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Gregory R. Dye
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson FILED-OFFICE
Sheriff Gt 4,,,,,?,?r OF THE PROTHONOTARY
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Jody S Smith 2?;(? 9 PM 2:33
Chief Deputy
Richard Al Stewart CUMBERLAND COUNTY
Solicitor
PENNSYLVANIA
SLM Education Credit Finance Corporation Case Number
vs.
Vincent D. Good 2011-6168
SHERIFF'S RETURN OF SERVICE
08/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Vincent D. Good, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Vincent
D. Good. Request for service at 965 S. 29th Street, Camp Hill, Pennsylvania 17011 the Defendant was
not found. Current resident is the Defendant's Father, he advised Deputies Vincet D. Good does not
reside at this address. However, The Camp Hill Postmaster is delivering the Defendant's mail to this
address.
SHERIFF COST: $43.00
August 18, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
you!?? 5 t cer fl 1 osoft. Inc.
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
1835 Market Street, Suite 501
Philadelphia, PA 19103
Plaintiff,
vs.
VINCENT D GOOD
965 S 29TH ST
CAMP HILL PA 17011-5805
Defendant(s).
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No. 11-6168 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly REINSTATE the Complaint filed in the above-captioned matter.
Dated: September 9, 2011
2635001
PPTJPRCI
By:
Respectfully subm
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BLATT, HASEN ER, LEIBSKER
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson ;-,?ED_? f -^r
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Sheriff
Jody S Smith°
Chief Deputy ! [ ! !? `
Richard W Stewart
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,
Solicitor
SLM Education Credit Finance Corporation
vs. Case Number
Vincent D. Good 2011-6168
SHERIFF'S RETURN OF SERVICE
10/07/2011 10:42 AM - Jody Smith, Chief Deputy, who being duly sworn according to law, states that on October 7,
2011 at 1042 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Vincent D. Good, by making known unto himself personally, at The Cumberland County
Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to him personally the said true and correct copy of the same.
JODY S. SMITH, DEPUTY
SHERIFF COST: $59.00
October 10, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
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