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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 -*? M N J M y i , • 1 ;XICD 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 LSodalSam* N+®bv 2tatNtme>rJg RoNum iA 3.lode.:epa;oam:lo.e.al>,epfinelesdrif Aodw?el'etedrtt.rnd ? 01 ? ! cG" ltr1 auevH?9bWAddd(K3&aN19 Aaoyubld 69' sm ZpC.ode 5.HM9ft=Nm.he (u her RA i 7o tj ti l `* &- - City sma tbde 7.AkWWftMWftMSCWd C l?{? 17070 t? --[7G e LC t®eedip: (• gee) . Praaoeat Retidea • ;reefer` Rdrtottmrodor 9. Wsm ) 1o.lia told o tdmtsad logo debt. Ptdee beYeKfiaa) Fdealf U Rim"S Nonce perunnent Indents and odw digsble alien; mast a bunt a copy of Ilse 11. Ibis tpty ' Id bidt 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 CIS Farm CIS fo®s 1-686 B, 1.766, or 44 m wavW N CIS form 1-94 is subn%N1 . five diadem most al Mdt a.copy of bkfber valid passport b wbdirig the student's rod mo vArvW dooanetm rant mcceoWwft ueeaassom 11L nA=WWRv9WMd 18.Sd0WNW%CW&Stas ?qe! p? T I?.Hnc7ontacdetwledmeeudealmn7 Ya Of Yea,trsim?s5ac6nQitdeeset) t _ 000 e,?hn?co{ rrJ jv- PQ 1S. E Air 16 ae4emoe 17, Reloootbp Nmc ?oso S?? ? r ? 1r1+'? Ia 'sromE=z1A4btr (P09= aAmeprbie Cq sm zip Code d 101 t 7? o - or?a 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 You have due right at say time to pry in advance the and aD otba aherga mss may became doe. The tams and cwAkk ; set faith in the 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 M.Sdmdx a Z1.SebmlCo- atae I 0 ,732 71 05 a.AtilradlamAemmtdDWbnmmwt ea midw rTT 0 - .0 er?at 2C Lomprod 1s. aieeapiorwgr t, n /- / - Z 2 Ram / //Z 9loyT. 913/ d S FRN OP P 2rllsbttamar< 3 - 7 - v S ; / G Co "7 S / 17 r 9 C b ' _G --O- / G G L ' 76AIDeprodtktdoamDtrbtm914 . mm : mat x*0n ; maaet.tea bt? t 1>;?rae? r 2s?a L i / ? ?17aLessaea ; , 1 (71171- 1LtlTid Td APFW" Amwae f SOO a l beeby * tbat the Bonawa i s e8pble fa s Sigoauoe Oppar M*yy Studmt Loan; drat the Taal Approved Amami does not excad dic sardeat's cost of etbxauan Mims odw &MCW aid; dw the school wig, 11 die request of die lade, provide the leech with a bsequeat inforraabon regudavg the Ba ivau's wbanboub; to this Sebool wiD comply with aD nppb=bk loam policies and pmviti m mid dyt iafarnatal provided in Socvm A i; true, complde and ottlea to die best of ory lmoMWp and btbe£ At&viad rood of cW Ptia v type Pbom t atdrradm Satl]xaouoay slame?-tr1 p 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- o c? SLM EDUCATION CREDIT FINANCE CORPORATION. rn r -n = M. - s•" - r Papers may be served at the address set forth below: <> - Leibsker & Moore, LLC Hasenmiller Blatt <' a• 3 , , 1835 Market Street, Suite 501 c - °rT Philadelphia, PA 19103 & -x: co .? Telephone Number: 1-610-902-0644 Dated: July 21, 2011 By: 2635001 PPTXPEAI 1 11111111 Gregory R. Dye SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFFICE Sheriff Gt 4,,,,,?,?r OF THE PROTHONOTARY LgStitlt' ?715q' 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 _e > c, > c? C_- W BLATT, HASEN ER, LEIBSKER & MOORE, LL A iel d oN?, (fin} 16 I O. CO CtAt s 'S'R t ed, bY7?t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ;-,?ED_? f -^r -, r Sheriff Jody S Smith° Chief Deputy ! [ ! !? ` Richard W Stewart ,, , 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 M CountySURG, She,& Teleosoft. I11C