HomeMy WebLinkAbout02-0482IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CWIL DIVISION
SALLIE MAE SERVICING, L.P.,
Plaintiff,
V.
MARY A. BARTAS A/K/A MARY A. BARTAS-WHITE,
Defendant.
CASE NO: O ~ --~0~
TYPE OF PLEADING:
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
SHERRY D. LOWE, ESQUIRE
Pa. I.D, #66096
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #02209964
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SALLIE MAE SERVICING, L.P., Case No: t~aO, .~ A/~ ~
Plaintiff,
VS.
MARY A. BARTAS A/K/A MARY A. BARTAS-WHITE,
Defendant.
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COLrNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SALLIE MAE SERVICING, L.P.,
Plaintiff,
VS.
MARY A. BARTAS A/K/A MARY A. BARTAS-WHITE,
Defendant.
COMPLAINT IN CIVIL ACTION
AND NOW COMES, Plaintiff, Sallie Mae Servicing, L.P., by and through its counsel, Sherry D. Lowe,
Esquire and WELTMAN, WEINBERG & REIS, CO., L.P.A., and hereby files this Complaint in Civil Action
against Defendant, Mary A. Bartas a/k/a Mary A. Bartas-White. In support thereof, Plaintiff avers as follows:
1. Plaintiff is a private corporation duly organized and existing under Federal law with its principal
office located in Reston, Virginia.
2. Defendant, Mary A. Bartas a/k/a Mary A. Bartas-White, ("Defendant") is an adult individual with a
last known address of 103 Strawberry Alley, Apartment #C, Shiremanstown, Cumberland County, Pennsylvania
17011-6373.
3. Pursuant to the U.S. Department of Health and Human Services Health Education Assistance
Program, 42 U.C.S. §§ 294-2941, on or about the following dates, the Defendant executed a Promissory Note
("Note") in the following principal amount:
Date Executed
Note #1 October 25, 1986
Principal Amount
$8,000.00
A true and correct copy of said Note is attached hereto as Exhibit "1" and made a part hereof.
4. Subsequently, the Note was assigned to Plaintiff, for valuable consideration.
5. Defendant defaulted in repayment of said Note by failing to make payments in the manner
provided therein.
6. As a result of Defendant's default and pursuant to said Note, the entire balance including interest is
immediately due and payable to Plaintiff.
7. Pursuant to said Note, interest accrues from the date the loan is disbursed until the loan is paid in
full and may be capitalized based on the Promissory Note.
8. Pursuant to said Note, interest accrues at an annual percentage rate which is equal to a variable rate
calculated by the Secretary of Health & Human Services for each calendar quarter and computed by determining
the average of the bond equivalent rates for the 91 day U.S. Treasury Bills auctioned during the preceding quarter,
plus 3.5 percent for loans disbursed prior to October 25, 1985 and 3.0 percent for loans disbursed subsequent to
October 25, 1985.
9. As of September 26, 2001, the principal amount due and owing from Defendant is $13,444.21,
together with interest of $561.42, for a total of $14,005.63.
10. Interest continues to accrue from September 26, 2001, at the variable rate as specified above.
11. Pursuant to said Note, Plaintiff is entitled to reasonable attorneys' fees and avers that Plaintiff
attorneys' fees amount to $1,500.00, for a total due of $15,505.63.
12. The amount due and owing Plaintiff is not subject to further setoff or credit and repeated demands
have been made upon Defendant to pay this debt; however, Defendant has willfully failed and/or refused to pay the
principal balance, interest, attorneys' fees or any part thereof to Plaintiff.
WHEREFORE, Plaintiff, Sallie Mae Servicing, L.P., respectfully demands Judgment against Defendant,
Mary A. Bartas a/k/a Mary A. Bartas-White, individually, in the amount of $15,505.63, plus continuing interest as
set forth in the Promissory Note from September 26, 2001, plus additional attorneys' fees and costs.
TInS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE
USED FOR THAT PURPOSE.
RESPECTFULLY SUBMITTED:
Sherry D. Lowe, Esquire
PA I.D. # 66096
Weltman, Weinberg & Reis, Co., L.P.A.
2718 Koppers Bldg.
436 7a~ Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02209964
PUSLIC HEALTH SERVICE
HEALTH RESOURCES ANa SERVICES ADMINISTRATION
HEALTtt EDUCATION ASSISTANCE LOAN PROQRAM
(42 U.S.C. 294-294~)
Pmmll'ory Note · (V~rllble RMI)
ANNUAL
PERCENTAGE
RATE
The cost of my credit
as a yearly rate.
16.64 %18.75 %
Before After
Begins Beginl
Amoutft
Financad
$ 7,360.00
The ANNUAL PERCENTAGE RATE may increase during the term
BAYBANK NORFOLK COUI'ITY TRUST CO.
PROMISE TO PAY 858 WASHINGTON STR[ET
DEDHAM, MASS. 02026
617-~,29.~700
I, Y',:-L-'"V Anoela Bahias , the borrower, promise to pay to
(the lender), or the subsequent holder of this Note, the principal sum of SR. 000.0(3 _ to the extent it is advanced to me, to pay interest
on the principal sum as set out below, and to pay authorized late charges, all reasonable attorney's fees, end other costs and charges that
are permitted by Federal regulations and are necessary for the collection of any amount not paid when due.
The Lender and I further understand and agree that:
INTEREST
1, Beginning on the day the loan is disbursed and ending when the repayment period commences, interest shall accrue. Payment of the
interest accruing before the beginning of the repeymant period may be postponed until the date upon which repayment of principel is
required to begin or to resume. Interest which has accrued End is not paid rosy be added to the principal sum of this Note not more
· frequently than every six (6) months. Beginning when the repayment period commences, interest shell accrue and be paid as set forth
in the Repayment Schedule which the lender shall establish end provide to me.
2. Interest shall accrue and be payaBe et an ANNUAL PERCENTAGE RATE which is equal to a variable rate calculated by the
Secretary of the Department of Health and Human Services for each calendar quarter and computed by determining the average of
the bond equivalent rates for the ninety-one day U.S. Treasury Bills auctioned during the preceding quarter, plus 3 percent, rounding
this figure up to the nearest 1/8 of I percent.
3. Any change in the ANNUAL PERCENTAGE RATE will affect the payment amounts, the number of payments, or the amount
due at maturity.
INSURANCE PREMIUM
I agree to pay the lender, in addition to interest and principal due, an amount equal to the premium that the lender is required to
pay to the Secretary in order to provide insurlnce co~{erege on this Note.. Payment el' i~t insurance premium calculated in accordance
with instructions issued by the Secretary shell be due ~and payebb immediate y~and may~be taken by the lender from the loan proceeds.
REPAYMENT
1. Repayment shall be made in periodic installments over a repayment period which starts the first day of the tenth month after
the month in which
(A) I cease to be a full-time student at e HEAL school
(B) I cease to be a participant in in aocmdited internship or residency p~'ogrem of not more than four years in duration, 1/
(C) I complete the fourth year of an accredited internship or residency program of more thin four years in duration,1/ or
(O) I cease to be a participant in a fellowship training program not in excess of two years or a participant in a full-time
educational activity not in excess of two years which __
(i) is directly related, es determined by the Secretary, to the health profession for which I prepared at a HEAL school.
and {ii} in which I may engage during a two-year period which begins within twelve months after I complete my
participation in an internship or residency program described in clause (A! or clause (B} of this paragraph or befnra I
complete my participation in such an internship or residency progrim.
2. The repayment period shall not be less than 10 years nor more than 25 years. Any period described under DEFERMENT
shall not be included in determinhg the 10 or 25 year periods. In no event, however, shall the repayment period extend to a
date that is more than 33 years from the date on which I signed this Promissory Note.
3. The terms and conditions of repayment shall be set forth in a separate Repayment schedule which the lender shall establish
and shall provide me prior to the beginning of the repayment period.
4. Unless I agree otherwise, [ shall make a minimum annual repayment of an am(xmt equal to the annual interest on the unpaid
principal balance. If I have other outstanding HEAL loans, the sum of ell peyruents to all holders on my HEAL loans shall
not be less than an amount equal to the consolidated interest on the unpaid principal balances.
1_/ Except that, if I received a HEAL loan before October 22, 1985, and I become an intern or a resident
in an accredited program before the first day of the tenth month after I cease to be a full-time student
at e HEAL school, then the repayment period begins on the first day of the tenth month after I cease
to be en intern or a resident.
DEFERMENT
Peliodic installments of principal and interest need not be paid. but interest shall accrue:
1 When' I am carrying a full-time course of study at a HEAL school or at an institution of higher education eligible to
participate in the Guaranteed Student Loan Program.
2. When I am participating in a fellowship training program or full-time educational activity for not in excess of two years
as described in paragraph 1 under Repayment above.
3. Not in excess of three years for each of the following when I am:
A. a member of the Armed Forces of the United States;
B. in service as a volunteer under the Peace Corps Act;
C. in service as a full-time volunteer under Title I of the Domestic Volunteer Service Act of 1973; and
D. a member of the National Health Service Corps,
4. Not m excess of four years when I am a participant in an accredited internship or residency program.
DEATH/DISABILITY
If I die or become totally and permanently disabled, my unpaid indebtedness on this Note shall be cancelled in accordance with
applicable Federal regulations,
DEFAULT
In the event of my default on this loan. the entire unpaid loan including interest due and accrued shall, at the option of the holder
of this Note, become immediately due and payable.
Itemization of the Amount Financed of $ 7¢360.00
$ 7,360.00 Amount given to me directly
$ 0 Amount paid on my account
Amount paid to others on my behalf
$ 0 to
$ 640.00 __-- Prepaid finance charge
GENERAL
The terms of this Note shall be construed according to the Law 142 U.S.C. 294-2941) and the Federal regulation (42 CFR Part 60)
governing Ihe administration of the Health Education Assistance Loan (HEAL) Program, copies of which are on file with the
holder of this Note.
I shall promptly notify the lender or any other holder of this Note in writing of any change of name, address. ~chool enrollment
status or any other event described in paragraph 3 of the Borrower's Responsibilities as found below on this Note.
I agree that all proceeds from this loan will be used solely for tuition and other reasonable education expenses, including room
and board, fees. books, supplies and equipment, laboratory expenses, transportation and commuting costs, personal expenses, the
HEAL insurance premium, and interest on HEAL loans. I further agree that the check for the proceeds of this loan shall be
made payable jointly to me and the eligible institution in which I am enrolled.
By my signature below I CERTIFY that I have read my rights and responsibilities and discussed them with the lender.
, ,
'SIGNATUR~ OF BORROWER ADDRESS~;.~. - , /~1~- J/,~.~ ~ATE
SIGNATURE OF BORROWER
ADDRESS DATE
NOTICE: This Note shall be executed without security and without endorsement, except that, if the borrower is a minor and
this Note would not, under applicable State law, create a binding obligation, the lender may require an endorser also to sign
this Note. The lender shall supply a copy of this Hote to the borrower.
THiS IS TO CERTIFY THAT THIS IS
*A TRUE AND EXACT COPY OF THE
,Court of:
County of:
SALLIE MAE SERVICING, L.P.
VS.
Plaintiff,
MARY A. BARTAS WHITE
SSN: 220-46-7808
Defendant.
)
)
)
) Case No.
)
) Div. No.
)
)
)
)
AFFIDAVIT
STATE OF INDIANA )
) SS.
COUNTY OF MARION )
Before me, the undersigned authority, personally appeared Mary Kay Mauer, who, being
by me, duly sworn, deposes as follows:
1. My name is Mary Kay Mauer, and I am an employee and agent for Sallie Mae,
Inc., a Delaware corporation and an affiliated company of Sallie Mae Servicing, L.P., a federally
chartered agency. I am of sound mind, capable of making this Affidavit, and personally
acquainted with the facts herein stated:
2. Plaintiff, Sallie Mae Servicing, L.P., ("SLMA") is a limited partnership duly
organized under and existing under Federal law with its principal office located in Reston,
Virginia.
3. Venue in this action is proper in ~ County, Pennsylvania, and
this Court has both personal and subject matter jurisdiction over this case.
4. I am the custodian of the records of SLMA.
5. The Notes attached to SLMA's Petition were assigned to SLMA for valuable
consideration.
6. Attached hereto are the exact photocopies of the original Notes signed by
Defendant and kept by me in the regular course of business, and it was the regular course of
business of SLMA for an employee or representative of SLMA with knowledge of the act, or
event recorded to make the record or to transmit information thereof to be included in such
record; and the record was made at or near the time of the act, or event.
7. That Defendant executed notes as listed below:
Principal
Amount Date
Note #1 $8,000.00 October 25, 1986
A copy of the Note(s) are attached hereto and incorporated herein by reference as Exhibit "A"
respectively.
8. Defendant defaulted in repayment of said notes and there remains due SLMA the
sum of $13,444.21 and $740.69 interest accrued through December 11, 2001, with interest
accrued from that date at an annual percentage rate which is equal to a variable rate all as per
said Promissory Note.
9. Interest accrues from the date the loan is disbursed until the loan is paid in full.
Unpaid accrued interest may be capitalized based on the Promissory Note. In all cases, the
borrower is afforded the opportunity to make interest only payments to avoid the capitalization
of interest.
10. The Notes provide that upon default Defendant agrees to pay SLMA's reasonable
attomey's fees thereon.
11. The mount due SLMA is not subject to further setoff or credit and that demand
has often been made, but Defendant has, without justification or excuse, failed and refused to pay
SLMA.
12. That Defendant is not an infant, incompetent person, or on active duty with the
Armed Forces of the United States of America or its allies.
IN WITNESS WHE~OF I have hereunto subscribed my name and affixed my official
seal on this ! I day of ~-~ ,2001.
My Commission Expires:
Notary Public
MAF 31-00852-0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SALLIE MAE SERVICING, L.P.
Plaintiff
VS.
MARY A. BARTAS NK/A MARY A. BARTAS-WHITE
Defendant
No. 02-482
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
SHERRY D. LOWE, ESQUIRE
PA I.D.#66096
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
VWNR#02209964
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL
BE USED FOR THAT PURPOSE.
IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SALLIE MAE SERVICING, L.P.
Plaintiff
vs. Civil Action No. 02-482
MARY A. BARTAS NK/A MARY A. BARTAS-WHITE
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, Mary A. Bartas a/Ida Mary A. Bartas-White, above
named, in the default of an Answer, in the amount of $16,061.63 computed as follows:
Amount claimed in Complaint $15,505.63
Interest from 9/26/01 to 3/18/02 $556.10
TOTAL $16,061.73
Interest will continue to accrue at the legal
rate of 6% per annum
I hereby certify that appropriate Notice of Default, as attached has been mailed in accordance
with PA R.C.P. 237.1 on the date indicated on the Notice.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ~
SHERRY D. LOWE, ESQUIRE
PA I.D.#66096
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02209964
Plaintiff's address is: cio Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~h Avenue, Pittsburgh,
PA 15219
And that the last known address of the Defendant is: 103 Strawberry Alley, Apt. 3, Shiremanstown, PA 17011
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CML DIVISION
SALLIE MAE SERVICING, L.P.
Plaintiff
VS.
MARY A. BARTAS A/K/A MARY A. BARTAS-WHITE
TO:
Civil Action No. 02482
Defendant
IMPORTANT NOTICE
Mary A. Bartas a/k/a Mary A. Bartas-Wkite
103 Strawberry Alley, Apt 3
Shirem~ans[own, PA 17011-6373
Date of Notice: IoQ~
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS
CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ~~,
SHERRY ESQUIRE
PA I.D.#66096
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02209964
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SALLIE MAE SERVICING, L.P.
Plaintiff
VS.
Civil Action No. 02-482
MARY A. BARTAS NK/A MARY A. BARTAS-WHITE
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against
you on
(xx) Assumpsit Judgment in the amount
of $16,061.63 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration will be
suspended by the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
Mary A. Bartas a/k/a Mary A. Bartas-White
103 Strawberry Alley, Apt. 3
Shiremanstown, PA 17011-6373
By:
PROTHONOTARY (OR DEPUTY(~
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION'OBTAINED SHALL
BE USED FOR THAT PURPOSE.
VERI FICATIO.____~N
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according
to the Praecipe attached are not members of the Armed Forces of the United States or any other military
or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned
further states that the information is true and correct to the best of the undersigned's knowledge and
belief and upon information received from others.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ~
SHERRY D. LOWE, ESQUIRE
PA I.D.#66096
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02209964
~enni5 ~. ~ebo
<lerl~ of <ourt
of Cumberlan~ <ountp
1 Courthouse Square
Carlisle, PA 17013
/PLETCD~ER DOW
42 MAPLE LANE
SHERMANSDALE, PA 17090
MOVED LEFT NOD~S~~
R~.TUHN TO SEN~_~,' Om