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HomeMy WebLinkAbout12-1767IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1, Plaintiff, CIVIL DIVISION C-) - v ~ °i vs. No C- rn I.._. . f G RICHARD BARRON a/k/a RICHARD J. ,? z:;o BARRON, -<P, `a °--? Defendant(s). 6 A C: - 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. I- to 3. 7 5 C'4-7 Cumberland County Bar Association 32 South Bedford Street S, lC (o J 07 Carlisle, PA 17013 717/249-3166 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1, a Delaware statutory trust, CIVIL DIVISION Case No. p- J n / ? C C,' Plaintiff, vs. TYPE OF PLEADING: Complaint RICHARD BARRON a/k/a RICHARD J. BARRON, Defendant. TYPE OF CASE: Civil Action Plaintiff s Address: 1 Cabot Road, 2nd Floor Medford, MA 02155 Defendant's Address: 108 NORTH YORK STREET MECHANICSBURG PA 17055 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILED ON BEHALF OF: NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1, a Delaware statutory trust COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 NATHAN A. MORGAN, ESQ. PA ID NO. 202885 CHROMULAK & ASSOCIATES, LLC 401 Technology Drive, Suite 202 Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT CIVIL DIVISION LOAN TRUST 2003-1, a Delaware statutory trust, Case No. Plaintiff, vs. RICHARD BARRON a/k/a RICHARD J. BARRON, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1, a Delaware statutory trust, by its attorneys, Chromulak & Associates, L.L.C., with its Complaint and in support thereof avers as follows: 1. NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1 ("Plaintiff') is a Delaware statutory trust, with its principal office situated at I Cabot Road, 2nd Floor, Medford, MA 02155. 2. RICHARD BARRON aWa RICHARD J. BARRON ("Defendant") is an adult individual residing at 108 NORTH YORK STREET, MECHANICSBURG PA 17055. 3. On or about June 3, 2005, the Defendant entered into a written Credit Agreement ( "Credit Agreement"), wherein Defendant agreed to repay a loan received from Charter One Bank, N.A. ("Program Lender") for payment of tuition and other reasonable education expenses, in accordance with the terms set forth in the Credit Agreement. A true and correct copy of the Credit Agreement is incorporated herein and attached hereto as Exhibit A. 4. As contemplated at the time of loan origination, Defendant's Credit Agreement was sold by the Program Lender to Plaintiff for valuable consideration in the course of the securitization process. 5. Defendant is in default under the terms and conditions of the aforementioned Credit Agreement for failing to make payments when due, with the last payment having been made on or about March 31, 2009. 6. Pursuant to the terms of the Credit Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is Five Thousand Three Hundred Twenty Two and 63/100 Dollars ($5,322.63) as of February 21, 2012. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Credit Agreement, Plaintiff is entitled to recover the entire indebtedness, including without limitation, principal, accrued interest, costs, and attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Five Thousand Three Hundred Twenty Two and 63/100 Dollars ($5,322.63), with interest thereon at the variable rate of 4.35% from February 22, 2012, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, L.L.C. CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 NATHAN A. MORGAN, ESQ. PA ID NO. 202885 Counsel for Plaintiff 401 Technology Drive, Suite 202 Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 58203 036689 'ca t r S#t*nt * Lean pay- NOM-NEGOTMILE CREDIT AGREEMENT - THIS la A CONSUMER CREDIT TRANSACTION CLC No Fat Undwgmk is Ian Loan Arnotrn Requesm: $3900A0 0411erral PWW Marsh. 4.1 Low Oddi u an Fee Wroentage: 00 Lender: Charter One Bank, NA. school: NDAM UNN OF PENNSYLVANIA Repayment Period Margin: 4.1 Rapayrnsrtt OptionDehned AkrA at 80 1111111111051 Atademio Period: OS S-IM1t2003 Borrower Nana: Rkhard J Barron Ikon Address: P 0 Brut 16 Ken, PA 16752 so" seaft a. 1051 Dote of 9W, Horne Telephone: 7247260320 Have ywl awt dahulled an a sWertl loan or declared bertloupicy? W No O Yes Currant Empbyar: CAVE PREP Employer Telephone: 7244539700 Currant PoNlbn: Odw Years There: 3 Yeah Gives Annual Salon.. $21000.00 n. H you arty ra"q on such adalUenal snow phaea prevWs, degMe on a It Vast 4110 FAS W" hair of pWsr. d fa. repgtnq We St med (daft are boa}: 0 U.S. citizen 0 Eligible Non-CWaen Psreaal RoWence N@xw:_NililIl& Bled Raferertoe Home Tel (724) 349-5325 Work Tel C Rehrenoe SiredAtkroes:_2=0iillmdAve Rdarance CRrfSt Was: wises_ PA 1 om By ray dpaatre, t caft dim l (rave ued, wAnstead and apse to tM owt of and undertake the obiiptions set forth on all far (4) papti of ibis Applbcodo tlfmKdotNy Now AB.0I-03.CRW0.206C QM. I understand that say parson who knowotdiy tit I s bbe uatemeot or mis,epfem"tton on this forts is subject W petmldM, wmCh My iackde AM or iagrrieomnmt FOR ALABAMA RESIDENTS' CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORK YOU SIGN IT. ?. FOR WISCONSIN RESIDENTS - NOTICE TO CUSTOMER: (a) 00 NOT SIGN THIS APPLICATIOMPROMISSORY NOTE BE F0 YOU READ THE WRITING ON TIIR FOLLOWING PACKS, EVEN IF OTHERWISE ADVISED. (b) DO NOT SIGN THIS APPLICATIONIPROMISSORY NOTE IF IT CONTAINS ANY BLANK SPACES. w (t:) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGRBP.MENP YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE UNDER THIS AG ftMBNT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. t c1' signature of BWMWIE7!!?? v Date A&4243.CRW0308cAW PNOi_BC?t-03 CRYMO_FXBARRONJ110fM99S2pdf LENDER COPY C1.0" EXHIBIT -4 In this Application/Promissory Note, the words "I", "me", "my", and "mine" mean the person who signed this Application/Promissory Note as Borrower. The words "you", "your", "yours", and "Lender" mean Charter One Bank, N.A., its successors and assigns, and any other holder of this Application/Promissory Note. "School" means the school named at the top of the first page of this Application/Promissory Note. A. PROMISE TO PAY: I promise to pay to you the principal sum of the Loan Amount Requested shown on the first page of this Application/Promissory Note, to the extent it is advanced to me or paid on my behalf, and any Loan Origination Fee added to my loan (see Paragraph F), interest on such principal sum, interest on any unpaid interest added to the principal balance, and late charges (see Paragraph E.7). B. IMPORTANT - READ THIS CAREFULLY: 1. When you receive my signed Application, you are not agreeing to lend me money. If you decide to make a loan to me, you will electronically transfer the loan funds to the School for me, mail a loan check to the School for me, or mail a loan check directly to me. You have the right to not make a loan or to lend an amount less than the Loan Amount Requested. I agree to accept an amount less than the Loan Amount Requested and to repay that portion of the Loan Amount Requested that you actually lend to me. 2. HOW I AGREE TO THE TERMS OF THIS LOAN. By signing this Application/Promissory Note, and submitting it to the Lender, I am requesting that you make this loan to me in an amount equal to the Loan Amount Requested plus any Loan Origination Fee described in Paragraph F of this Application/Promissory Note. If you approve this request and agree to make this loan, you will notify me in writing and provide me with a Disclosure Statement, as required by law, at the time the Loan proceeds are disbursed. The Disclosure Statement is incorporated herein by reference and made a part hereof. The Disclosure Statement will tell me the amount of the loan which you have approved, the amount of the Loan Origination Fee, and other important information. I will let you know that I agree to the terms of the loan as set forth in this Application/Promissory Note and in the Disclosure Statement by doing either of the following: (a) endorsing the check that disburses the loan proceeds; or (b)using or allowing the loan proceeds to be used on my behalf without objection. Upon receipt of the Disclosure Statement, I will review the Disclosure Statement and notify you in writing if I have any questions. If I am not satisfied with the terms of my loan as disclosed in the Disclosure Statement, I may cancel my loan. To cancel my loan, I will give you a written cancellation notice within ten (10) days after I received the Disclosure Statement. If loan proceeds have been disbursed, I agree that I will immediately return the loan proceeds to you, will not endorse any check which disburses the loan proceeds and will instruct the School to return any loan proceeds to you. If I give notice of cancellation but do not comply with the requirements of this Paragraph B.2, this Application/Promissory Note will not be canceled and I will be in default of this Application/Promissory Note. (See Paragraph 1) C. DEFINITIONS: 1. "Disbursement Date" means the date or dates on which you lend money to me in consideration for my Application/Promissory Note and will be the date or dates of my loan check or electronic funds transfer. 2. The "Deferment Period" will begin on the Disbursement Date and end on the Deferment End Date. 3. "Deferment End Date" means the date specified below for the applicable loan program (the applicable loan program is stated on the first page of this Application/Promissory Note). (a) Undergraduate Alternative Loan Progrant.• If I have elected the "Immediate Repayment' option (the applicable repayment option is stated on the first page of this Application/Promissory Note), there is no Deferment Period, and my first payment will be 45 days after the last disbursement of my loan. If I have elected the "Interest Only" repayment option (the applicable repayment option is stated on the first page of this Application/Promissory Note), then interest payments will begin 45 days after the first disbursement of my loan, and the "Deferment End Date" will be 45 days after the Student graduates or ceases to be enrolled at least half-time in the School (or another school participating in this loan program). If I have elected the "Full Deferral' repayment option (the applicable repayment option is stated on the first page of this Application/Promissory Note), then the "Deferment End Date" will be 180 days after the Student graduates or ceases to be enrolled at least half-time in the School (or another school participating in this Loan Program). In any event, the Deferment End Date will be no more than 4'% years after the Disbursement Date (or 5% years if the Student is enrolled in a five-year undergraduate program at the School). If I have not specifically elected to defer payments or to defer principal, deferment of principal and interest payments will apply. (b) Graduate Professional Education Loan Program: 180 days after the Student graduates or ceases for any other reason to be enrolled at least half-time in the School (or another school participating in this Loan Program), but no more than 4'% years after the Disbursement Date; provided, however, that if the Student begins a medical residency or internship during the Deferment Period, then the Deferment Period will end 180 days after the day the residency or internship ends, but no more than 8% years after the Disbursement Date. (c) Health Professions Education Loan Program: 270 days after the Student graduates or ceases for any other reason to be enrolled at least half-time in the School (or another school participating in this Loan Program), but no more than 4% years after the Disbursement Date; provided, however, that if the Student begins a medical residency or internship during the Deferment Period, then the Deferment Period will end 270 days after the day the residency or internship ends. (d) Consolidation Loan Programs There is no Deferment Period. 4. The "Repayment Period" begins the day after the Deferment Period ends. If there is no Deferment Period for my loan, the Repayment Period will begin when my loan is fully disbursed. Before my first payment is due, you will disclose the anticipated Repayment Period. The anticipated Repayment Period will not exceed 20 years (25 years for loans of $40,000 or more), although the Repayment Period may increase by up to 2% years if the Variable Rate (Paragraph D.2) increases ("Maximum Repayment Period"). (See Paragraphs E.2 and E.3.) D. INTEREST: 1. Accrual - Beginning on the first Disbursement Date, interest on the outstanding balance of this Application/Promissory Note will be calculated at the Variable Rate (Paragraph D.2) on the principal balance advanced, and on any unpaid interest added to principal according to Paragraph D.3., below, until all amounts are paid in full. Interest will be calculated on a daily simple interest basis. The daily interest rate will be equal to the annual interest rate in effect on that day, divided by the number of days in that calendar year. 2. Variable Rate - The "Variable Rate" is equal to the Current Index plus or minus a Margin. The Margins for both the Deferment Period and the Repayment Period are shown on the first page of this Application/Promissory Note. In no event will the Variable Rate exceed the maximum interest rate allowed by the laws of the State of Ohio. 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 "Current Index" for any calendar quarter beginning on a Change Date (or for any shorter period beginning on the Disbursement Date and ending on the first Change Date) is based on the one-month London Interbank Offered Rate ("LIBOR') as published in the "Money Rates" section of The Wall Street Journal The index for each calendar quarter (or for any shorter period beginning on a Disbursement Date and ending on the last day of a calendar quarter) will equal the average of the LIBOR rates published on the first business day of each of the three (3) immediately preceding calendar months, rounded to the nearest one-hundredth percent (0.01 °/a). If The Wall Street Journal is not published or the Current Index is not given on that date, then the Current Index will be determined by using the immediately preceding published Current Index. If the Current Index is no longer available, you will choose a comparable index. 3. Capitalization - I understand that you will add all accrued and unpaid interest to the principal balance of my loan on the last day of the Deferment Period and at the end of any forbearance period. The sum is thereafter considered the principal, and interest will accrue on the new principal balance. E. TERMS OF REPAYMENT: 1. Deferment Period - If I have elected either the "Interest Only" repayment option or the "Full Deferral" repayment option (the applicable repayment option is stated on the first page of this ApplicationlPromissory Note), you will send me statements during the Deferment Period (showing the total of my loan disbursements and the interest that accrues on my loan). Statements will be sent to the address shown on your records. If I have elected the "Interest Only" repayment option, I agree to make payments each month during the Deferment Period equal to the accrued interest on the outstanding balance of this Application/Promissory Note. If I have elected the "Full Deferral" repayment option I may, but am not required to make payments during the Deferment Period. You will add any interest that I do not pay during the Deferment Period to the principal balance, as described in Paragraph D3. 2. Repayment Period - During the Repayment Period, you will send me monthly statements or a coupon book which shows the amounts of minimum monthly payments and the payment due dates. I will make consecutive monthly payments in amounts at least equal to such minimum monthly payments by the applicable payment due dates until I have paid all of the principal and interest and any other charges I may owe under this Application/Promissory Note. 3. Repayment Terms - My monthly payment will be established based on the rules in this Application/Promissory Note when my Repayment Period begins. My loan term will be calculated each Change Date to equal the term necessary to amortize the unpaid balance at the current payment amount, provided that my loan term will never exceed the length of the Maximum Repayment Period. If my loan term is already equal to the Maximum Repayment Period, the amounts shown on my monthly statements or in my coupon book will be consecutive monthly installments of principal and interest calculated each Change Date to equal the amount necessary to amortize the unpaid principal balance (including any capitalized interest) of my loan (as of the date of calculation) in equal monthly installments of principal and interest at the Variable Rate then in effect over the number of months remaining in the Repayment Period. 4. Minimum Repayment - Notwithstanding Paragraph E.3, I agree to pay at least $50 each month during the Repayment Period or the unpaid balance whichever is less. I understand that I may pay more than my monthly payment at any time without penalty or charge. I understand that this may result in my loan being paid off before the end of the Repayment Period. 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 interest. If I have not paid my late charges, I will also owe additional amounts for those late charges. In such cases you will increase the amount of my last monthly payment to the amount necessary to repay my loan in full. (w0022562 31 A B_02-03. C R W 0.20SC.0502 2 of 4 6. Payments - Payments will be applied first to late charges, other fees and charges, accrued interest, and the remainder to principal. 7 Other Charges - If any part of a monthly payment remains unpaid for a period of more than 15 days after the payment due date, I will pay a late charge not exceeding $5.00 or 5% of the overdue payment amount, whichever is less. To the extent permitted by law, I agree to pay you all amounts you incur in enforcing the terms of this Application/Promissory Note, including reasonable collection agency and attorney's fees and court costs and other collection costs. F. LOAN ORIGINATION FEE: If you charge me, I will pay you a Loan Origination Fee at the time my loan is disbursed. The dollar amount of any Loan Origination Fee will be determined by multiplying the sum of the Loan Origination Fee and the Loan Amount Requested, to the extent advanced to me, times the Loan Origination Fee Percentage shown on the first page of this Application/Promissory Note. The percentage would be higher if computed only on the amount advanced rather than the entire principal amount (Loan Origination Fee plus Loan Amount Requested). For example, a nominal Loan Origination Fee of 6.5% on the entire principal amount would equal 6.9519% of the amount advanced. The Loan Origination Fee I will pay, if any, will be shown on my Disclosure Statement and will be added to the principal amount of my loan. To the extent permitted by law, and unless I timely cancel this Application/Promissory Note (see Paragraph B.2), I will not be entitled to a refund of any Loan Origination Fee after my loan has been disbursed. G. RIGHT TO PREPAY: I have the right to prepay all or any part of my loan at any time without penalty. H. FORBEARANCE: If I am unable to repay my loan in accordance with the terms established under this Application/Promissory Note, I may request that you modify these terms. I understand that such modification would be at your option. I understand that I will remain responsible for all interest accruing during any period of forbearance and that you will add any interest that I do not pay during any forbearance period to the principal balance, as described in Paragraph D.3. 1. WHOLE LOAN DUE: To the extent permitted by applicable law, I will be in default and 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 Application/Promissory Note, are due and payable at once (subject to any applicable law which may give me a right to cure my default) if: (1) 1 fail to make any monthly payment to you when due, (2) 1 die, (3) 1 break any of my other promises in this Application/Promissory Note, (4) Any bankruptcy proceeding is begun by or against me, or I assign any of my assets for the benefits of my creditors, or (5) 1 make any false written statement in applying for this loan or at any time during the Deferment or Repayment Periods. If I default, I will be required to pay interest on this loan accruing after default. The interest rate after default will be subject to adjustment in the same manner as before default. You may also add any interest and fees to the principal balance, and increase the Margin used to compute the Variable Rate by two percentage points (29/6). J. NOTICES: 1I will send written notice to you, or any subsequent holder of this Application/Promissory Note, within ten days after any change in my name, address, or enrollment status. 2. Any notice required to be given to me by you will be effective when mailed by first class mail to the latest address you have for me. K. INFORMATION: 1. 1 must update the information I provided to you whenever you ask me to do so. 2. 1 authorize you from time to time to request and receive from others credit related information about me (and about my spouse if I live in a community property state). L. ADDITIONAL AGREEMENTS: 1. 1 understand that you are located in Ohio and that this Application/Promissory Note will be entered into in the same state. CONSEQUENTLY, THE PROVISIONS OF THIS APPLICATION/PROMISSORY NOTE WILL BE GOVERNED BY FEDERAL LAW AND THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICT OF LAW RULES. 2. The proceeds of this loan will be used only for my educational expenses at the School or to pay off other educational loans. 3. My responsibility for paying the loan evidenced by this Application/Promissory Note is unaffected by the liability of any other person to me or by your failure to notify me that a required payment has not been made. Without losing any of your rights under this Application/Promissory Note you may accept (a) late payments, (b) partial payments or (c) payments marked "paid in full" or with other restrictions. You may delay, fail to exercise, or waive any of your rights on any occasion without losing your entitlement to exercise the right at any future time, or on any future occasion. You will not be obligated to make any demand upon me, send me any notice, present this Application/Promissory Note to me for payment or make protest of non-payment to me before suing to collect on this Application/Promissory Note if I am in default, and to the extent permitted by applicable law, I hereby waive any right I might otherwise have to require such actions. I WILL NOT SEND YOU PARTIAL PAYMENTS MARKED "PAID IN FULL", "WITHOUT RECOURSE" OR WITH OTHER SIMILAR LANGUAGE UNLESS THOSE PAYMENTS ARE MARKED FOR SPECIAL HANDLING AND SENT TO THE ADDRESS IDENTIFIED FOR SUCH PAYMENTS ON MY BILLING STATEMENT, OR TO SUCH OTHER ADDRESS AS I MAY BE GIVEN IN THE FUTURE. 4. 1 may not assign this Application/Promissory Note or any of its benefits or obligations. You may assign this Application/Promissory Note at any time. 5. The terms and conditions set forth in this Application/Promissory Note and Instructions constitute the entire agreement between you and me. 6. If any provision of this Application/Promissory Note is held invalid or unenforceable, that provision shall be considered omitted from this ApplicationlPromissory Note without affecting the validity or enforceability of the remainder of this Application/Promissory Note. 7. A provision of this Application/Promissory Note may only 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 Application/Promissory Note. 8. To the extent permitted by law, you have the right to apply money from any of my deposit account(s) with you to pay all or a portion of any amount overdue under this Application/Promissory Note. I hereby authorize you to obtain from the School all amounts which may be owed to me by the School, including any refund due to overpayment, early termination of enrollment, or otherwise, and I give you a security interest in all such amounts. 9. All dollar amounts stated in this Application/Promissory Note are in United States dollars. I will make all payments in United States Dollars with no deduction for currency exchange. 10. If I fail to complete the education program paid for with this loan, I am not relieved of any obligation within or pursuant to this ApplicationlPromissory Note. 11. 1 acknowledge that the requested loan may be subject to the limitations on dischargeability in bankruptcy contained in Section 523 (a) (8) of the United States Bankruptcy Code. Specifically, I understand that you have purchased a guaranty of this loan, and that this loan is guaranteed by The Education Resources Institute, Inc. ("TERI"), a non-profit loan guaranty agency. 12. 1 authorize any school that I may attend to release to other persons designated by you, any requested information pertinent to this loan (e.g. enrollment status, prior loan history, and current address). 13. 1 authorize the Lender, any subsequent holder of this Application/Promissory Note, and their agents to: (1) advise the School of the status of my application and my loan, (2) respond to inquiries from prior or subsequent lenders or holders with respect to my Application/Promissory Note and related documents, (3) release information and make inquiries to the persons I have given you as references, for the purposes of learning my current address and telephone number, (4) check my credit and employment history and to answer questions about their credit experience with me. 14. Waiver by Lender: Except as stated in Paragraph L.8, you waive (give up) any right to claim a security interest in any property to secure this Application/Promissory Note. This does not affect any right to offset as a matter of law. M. STATE DISCLOSURE NOTICES IOWA RESIDENTS (For purposes of the following notice, the word "you" refers to the Borrower, not the Lender): NOTICE TO CONSUMER. This is a consumer credit transaction. t. DO NOT SIGN THIS APPLICATION/PROMISSORY NOTE BEFORE YOU READ THIS APPLICATION/PROMISSORY NOTE. 2. YOU ARE ENTITLED TO A COPY OF THIS PAPER. 3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAYBE ENTITLED TO A REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. CALIFORNIA RESIDENTS: I have the right to prohibit the use of information contained in my credit file in connection with transactions not initiated by me. I may exercise this right by notifying the consumer credit reporting agency. A married applicant may apply for a separate account. If you take any adverse action as defined by Section 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. I have the right as described by Section 1785.16 of the California Civil Code to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency. 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. NEW YORK. RHODE ISLAND AND VERMONT RESIDENTS: A consumer report (credit report) may be obtained from a consumer-reporting agency (credit bureau) in connection with this loan. If 1 request (1) 1 will be informed whether or not consumer reports were obtained, and (2) if reports were obtained, I will be informed of the names and addresses of the credit bureaus that furnished the reports. If you agree to make this loan to me, a consumer credit report may be requested or used in connection with renewals or extensions of any credit for which I have applied, reviewing my loan, taking collection action on my loan, or legitimate purposes associated with my loan. MARYLAND RESIDENTS: You elect Subtitle 10, Credit Grantor Closed End Credit Provisions, of Title 12 of the Commercial Law Article of the Annotated Code of Maryland only to the extent not inconsistent with 12 U.S.C. § 85 and related regulations and opinions, which you expressly reserve. MISSOURI RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect me (borrower(s)) and you (creditor) from misunderstanding or disappointment, any fwo022562.31AB.02-03.CRWO.20SC.0502 3 of4 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 RESIDENTS: This is a loan for study. OHIO RESIDENTS: 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: For married Wisconsin residents, my signature on this Application/Promissory Note 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 Section 766.59 or court decree under Section 766.70 adversely affects the interest of the Lender unless the Lender, prior to the time that the loan is approved, is furnished with a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the Lender is incurred. If the loan for which I am applying is granted, my spouse will also receive notification that credit has been extended to me. NEW JERSEY RESIDENTS: The section headings of this Application/Promissory Note are a table of contents and not contract terms. Portions of this Application/Promissory 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 Application/Promissory 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. N. BORROWER'S CERTIFICATION: I declare under penalty of perjury under the laws of the United States of America that the following is true and correct. I certify that all information I provided to you in connection with this loan, including without limitation, the information contained in this Application/Promissory Note, is true, complete and correct to the best of my knowledge and belief and is made in good faith. I understand that I am responsible for repaying immediately any funds that I receive which are not to be used or are not used for educational expenses related to attendance at the School for the academic period stated. I certify that I am not now in default on a Federal Perkins Loan, a Federal Stafford Loan, a Federally Insured Student Loan, a Federal Supplemental Loan for Students (SLS), a Federal PLUS Loan, an Income Contingent Loan, a Federal Consolidation Loan, a Federal Ford Direct Loan, or any other education loan received for attendance at any school. 1WO022562.31AB.02-03.CRWO.20SC.0502 4 of4 NOTE DISCLOSURE STATEMENT S 3,500.00 Borrower(s) RICHARD J BARRON 01619952 Loan No. Student: RICHARD J BARRON Date: JULY 071 2003 Leader Name and Address: CHARTER ONE SANK, N.A. 833 ROADWAY ALBANY NY 12207-2415 This disdosurc statement relates to one of more advances on your Loan Note disbursed on JULY 07 , 2003 Because your Loan is either being disbursed in whole or in pan, or is entering repayment, or the repayment terms are bet m ilif ed, the roumft information about your Loan is being given to you. ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Fieameed Total of payments The coat of your credit as a The dollar unount the credit The amount of credit ptwided The amount you will has paid after yearly ate. will cost you. to you or on your behalf. you have made all payments scheduled. 5.210 ti t 1,413.44 _ S 3,500.00 S 4,913.44 L-.r..r. -. SfI L- Number of P ms Amount of its ' When payments are due 092 j 59.92 on the 2nd d or each month beginning on 11/2006 vARKSLE auTlb The Annual Percentage Rate, which is based on an index plus a margin, may increase owing tae term of the loan if the index rate increases. The index is (check on@): ? Mae Rae, loft MiuslN asanthty - The highest U.S. bask prime rate published in the 'Money Rates' section of The Wad Street Journal oft the last business day of each calendar month. ? Mme Rase loaan Atlltussd Otiartarty . The highest U.S. bank prime rate published in the 'Money Rates' section of The Wall Street journal on the last business day of cub calendar quarter (if the Lender identified above is Citibank (New York State), the index will be the highest U.S. Bank prime rate published in the 'Money Rates" section of that ail Street Journal on the date which is 30 days prior to the fiat day of each quarter). ® [attar addax A4w*al atsmartr - The average of the one-month London Interbank Offered Rates published in the 'Money Rates" section of The Wall Street Journal on the first business day of each of the three (3) calendar months immediately preceding the first day of each calendar quarter. Any increase in the index and the Annual Percentage Rate which occurs while principal payments or principal and interest payments are deferred will increase the amount of any current and all future payments. Any increase in the index and the Annual Percentage Rate which occurs sifter you have begun to make principal and interest payments on your loan will increase the number of principal and interest payments you must make, unless the monthly payment amount is not sufficient to pay the monthly accrued interest and to repay the principal amount of the lain in full over the maximum repayment period, in which case the monthly payment amount may be increased to the minimum amount necessary to do so. For example, if your loan were for 510,000 at 11% for seven years, and the rate increased to 12% in one year after you began making principal and interest payments, you would have to make three additional payments, sECUamft You have given a security interest in all refunds or amounts owed to you at any time by the student's educational institution. Collateral securing other loans with the Leader may a1w secure this Loan. CATS CKARGEM If a payment is more than 15 days late, you may be charged $5.00 or 5% of the payment, whichever is less (but never more than the maximum allowed by applicable law). If you default, Lender (or any subsequent holder of your Loan Note) may increase the margin used to compute the Annual Percentage Rate by two percentage points (246). MEPAYMM"n If you pay off early, you will not have to pay a penalty. See your contract documents for additional information about non-payment, default, any required repayment in full before the scheduled date, prepayment refunds, any security interest and penalties. Principal Amount of Note (Amount Financed plus Prepaid Finance Charge) S 3,500.00 Itemization of Amount Financed Amount paid to RICHARD J BARRON and $ Amount paid to INDIANA UNIV OF PENNSYLVANIA $ 3,500.50 Total Amount Financed $ 3,500.00 Itemi;zation of Prepaid Finance Charge Origination or Guarantee Fee Other Fees Paid (see your contract) Total Prepaid Finance Charge(s) 'If your lea is disbursed in multiple &"=a. the a ceithly payment swum disclosed In the payment schedule reflects only that monthly payment necessary to ,spay this advance. The actual lot* monthly payment on your loan will be based an the sam of all advance under your Loan Note, and will be disclosed to you before your Loan enters repayment. Your minimum total monibly, payment will be, at taut 35e (US for a Continuing Education loan) each month or the enilm Loan balance, whichever is less. Estlmatas< It paymanu of principal or principal and Interest an your Loan are deferred while she Studeat u enrolled In schoo4 all numerical discimuns eKept the late payment dlae ire tir1 ?tsa. OUO CLC No Fee Undergraduate Caartun s/axsat THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1, A Delaware Statutory Trust(s) Plaintiff V. RICHARD BARRON a/k/a RICHARD J BARRON Defendant(s) Case No. AFFIDAVIT OF ACCOUNT STATE OF MASSACHUSETTS } COUNTY OF SUFFOLK ) BEFORE ME, the undersigned authority, personally appeared Affiant JWie D. Scfinoor who being first duly sworn, deposes and says: I . I am Director, Collections & Recovery of First Marblehead Education Resources, Inc., (hereinafter "FMER"), authorized agent for the above-referenced plaintiff(s) National Collegiate Student Loan Trusts. Pursuant to a Special Servicing Agreement to which plaintiff is a party, FMER operates as Custodian of Records pertaining to the defendants' education loans forming the subject matter of the above-captioned Complaint. 2. I am competent and authorized to testify as to all matters relating to this action. The facts set forth below are based on my own personal knowledge of the contents of defendants' education loan records, and the record management practices and procedure of plaintiffs loan (f0030773.1) +na, ,, A o frd. servicers and other agents, and/or is based upon information received from individuals with personal knowledge of the same. 3. The education loan records, upon which the information herein is derived, were made in the regular course of business at, or within a reasonable time after, the event which they record, by an individual with personal knowledge of the event. 4. I am familiar with the education loan records regarding account number XXXXX8051/001-001000. Plaintiffs records indicate defendant owes the principal sum of $4,756.96, with interest accruing at a variable rate of 4.35% in the amount of $565.67 as of February 21, 2012, totaling the sum of $5,322.63. 5. These amounts remain due and owing. FURTHER AFFIANT SAYETH NAUGHT. _S- iant Print Name: Julie D. Maoor Title: Dinxtor, Collections & Recovery SWORN AND SUBSCRIBED to before me this day of I.VQ 'e,&?ef , 20-?"W' NOTARY PUBLIC Jtia 1 My commission expi ]Y .I",• res., e- ???. ., F' _ , /?JJ S.. s o (FOO30773, 11 S 1?". .. .. ,. e- c. VERIFICATION Julie D. Schnoor Authorized Agent representative of NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1 Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. Julie D. Schwor National Collegiate Student Loan Trust 2003-1 v. Richard Barron a/k/a Richard J. Barron Account no.: XXXXX805 1/00 1 -00 1000 Ref no.: 0007426844 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor i, A0k,,i Gj Lit Ltj lfe ('f,7j1A Y National Collegiate Student Loan Trust 2003-1 Case Number vs. Richard J. Barron 2012-1767 SHERIFF'S RETURN OF SERVICE 04/12/2012 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: Richard J. Barron, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Richard J. Barron. Request for service at 108 N. York Street, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. The Mechanicsburg Postmaster has advised, Richard J. Barron's new address is 423 Center Street, Boswell, Pennsylvania 15531. SHERIFF COST: $43.00 SO ANSWERS, April 12, 2012 RbNI`V R ANDERSON, SHERIFF ,,Ccun it vner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNWLWAN`IEA NATIONAL COLLEGIATE STUDENT CIVIL DIVISION LOAN TRUST 2003-1, ,---. c=- Case No. 12-1767 cam-, =L' : Plaintiff, pc - ?. vs. TYPE OF PLEADING: - RICHARD BARRON a/k/a RICHARD J BARRON, Praecipe to Discontinue Without Prejudice Defendant(s). Plaintiff's Address: 1 Cabot Road, 2nd Floor Medford, MA 02155 Date: May 18, 2012 TYPE OF CASE: Civil Action FILED ON BEHALF OF: NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 NATHAN A. MORGAN, ESQ. PA ID NO. 202885 CHROMULAK & ASSOCIATES, L.L.C. 401 Technology Drive, Suite 202 Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT CIVIL DIVISION LOAN TRUST 2003-1, Plaintiff, Case No. 12-1767 vs. RICHARD BARRON a/k/a RICHARD J. BARRON, Defendant(s). PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: The Prothonotary Please discontinue without prejudice the above-captioned action and mark the docket accordingly. Sworn to and subscr??_ed Before me this day of PLZ 2017-. .- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heather L. Hatfield, Notary Public Cecil Twp., Washington County My Cwnmisslon Expires June 29, 2014 Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 NATHAN A. MORGAN, ESQ. PA ID NO. 202885 Counsel for Plaintiff 401 Technology Drive, Suite 202 Canonsburg, PA 15317 Member. Pennsylvania Association of Notades CERTIFICATE OF SERVICE I, counsel for NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue Without Prejudice was served upon the following by First Class Mail, postage prepaid on this 18th day of May, 2012: RICHARD BARRON a/k/a RICHARD J. BARRON 423 CENTER STREET BOSWELL PA 15531 Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. Nathan A. Morgan, Esq. Chromulak & Associates, L.L.C. 401 Technology Drive, Suite 202 Canonsburg, PA 15317