HomeMy WebLinkAbout13-4690 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of CUMBERLAND FROM
MAGISTERIAL DISTRICT JUDGE / E JUDGMENT
COMMON PLEAS No. J ` / U & 7 6
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial Districi
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
NATIONAL COLLEGIATE STUDENT LOAN TRUST 09 -1 -01 HONORABLE CHARLES A CLEMENT JR
ADDRESS OF APPELLANT CITY STATE ZIP COD:
7595 MONTEVIDEO RD - DEPT 500 JESSUP MD 2079
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)'
7/9/13 NATIONAL COLLEGIATE STUDENT SHERI ARIAS
DOCKET No. SIGNAT OF AP LLA R A RNEY T
CV- 127 -13
This block will be signed ONLY when this notation is required under Rd If Yp pell was Claima (s&6 Pa. R.C.P.D.J. No. 1001(6) in actior
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial D strict Judge, A COMPLAINT MUST BE FILE[
operate as a SUPERSEDEAS to the judgment for possession in this case. within twent;
(20) days after filing e NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial Distric
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
�
f1 "
Date: 20 t 7 oo o' j Signature of Prothonotary or Deput
YOU MUST INCLUDE A COPY OF THE dd0TiIFE f p 1UD,GMENT/TRANSCRIPT FORM WITH THIS NOTICE OF PEAL.
W,a _:F�_r, .k;�.
atA fa' , so P
AOPC 312 -05
agya,t,
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -1 -01 National Collegiate Student Loan Trust 2005 -2
MDJ Name: Honorable Charles A. Clement Jr. V.
Address: 920 Linda Lane Sherle Arias
Camp Hill, PA 17011
Telephone: 717- 737 -3434
Attorney Michael F. Ratchford, Esq. Docket No: MJ- 09101 -CV- 0000127 -2013
Edwin Abrahamsen & Associates, P.C. Case Filed: 3/21/2013
120 North Keyser Ave.
Scranton, PA 18504
Disposition Details
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09101 -CV- 0000127 -2013 National Collegiate Student Loan Sherie Arias Judgment for Defendant 07/09/2013
Trust 2005 -2
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
7!912013 .<
Date Magisterial District Judge Charles A. Clement Jr.
certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 07/09/2013 3:22:36PM
National Collegiate Student Loan Trust 2005 -2 Docket No.: MJ-091 01 -CV-00001 27-2013
V.
Sherie Arias
Participant List
Plaintiff(s)
National Collegiate Student Loan Trust 2005 -2
1 Cabot Road
2nd Floor
Medford, MA 02155 -5117 ,
Defendant(s)
SheraeMArias
1729 Weatherburn Dr
New Cumberland, PA 17070
r
Complainant's Attorneys)
Attorney Michael F. Ratchford, Esq.
Edwin Abrahamsen & Associates, P.C.
120 North Keyser Ave.
Scranton, PA 18504
James Harry Turner, Esq.
Turner& O'connell
4701 N Front St
Harrisburg, PA 17110
MDJS 315 Page 2 of 2 Printed: 07/09/2013 3:22:36PM
Supreme Corr o Pennsylvania
Cc ' af�Commo Pleas For Prothonotary Use Only:
Wr�S eet , J1 p
Docket No:
CUs tNi- ,y County
��.
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S ® Complaint 0 Writ of Summons ® Petition
® Transfer from Another Jurisdiction ® Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
NATIONAL COLLEGIATE STUDENT LOAN TRUST 2014 SHERIE ARIAS
T Dollar Amount Requested: Elwithin arbitration limits
I Are money damages requested? El Yes 0 No (check one) ®outside arbitration limits
0
N Is this a Class Action Suit? ® Yes M No Is this an MDT Appeal? Yes 0 No
A, Name of Plaintiff/Appellant's Attorney: MICHAEL RATCHFORD
® Check here if you have no attorney (are a Self- .Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional ® Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution ® Debt Collection: Credit Card 0 Board of Assessment
® Motor Vehicle F1 Debt Collection: Other [3 Board of Elections
® Nuisance [3 Dept. of Transportation
® Premises Liability E3 Statutory Appeal: Other
S ® Product Liability (does not include ® Employment Dispute:
E mass tort)
[3 Slander/Libel/ Defamation Discrimination
C ® Other: ® Employment Dispute: Other ® Zoning Board
� Other:
,
I ® Other:
O MASS TORT
1I Asbestos
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® Toxic Tort - DES
® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
® Toxic Waste
Other: [I Ejectment Q Common Law /Statutory Arbitration
B ® Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent rA Mandamus
® Landlord/Tenant Dispute ® Non - Domestic Relations
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PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto
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Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
f:.
National Collegiate Student Loan Trust ,
2005 -2, CIVIL ACTION
c/o NCO Financial Systems Inc. . r
�
7595 Montevideo Rd - Department 500 f, , Vii -,
Jessup, MD 20794
Plaintiff °
vs. � n c CD r
NO: a , txtx0
Sherie Arias
1729 Weatherburn Dr
New Cumberland, PA 17070 -2218
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 to
Defend are served, by entering a written appearance personally or by an 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717 - 243 -9400
N1200718
x
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
National Collegiate Student Loan Trust
2005 -2, CIVIL ACTION
c/o NCO Financial Systems Inc.
7595 Montevideo Rd - Department 500
Jessup, MD 20794
Plaintiff
vs.
NO:
Sherie Arias
1729 Weatherbum Dr
New Cumberland, PA 17070 -2218
Defendant
COMPLAINT
Plaintiff, National Collegiate Student Loan Trust 2005 -2, by and through its attorneys,
Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. The defendant Sherie Arias (hereinafter "Defendant ") is an adult individual
residing at 1729 Weatherburn Dr. New Cumberland, PA 17070 -2218.
2. The defendant executed the promissory note for the payment of tuition in which the
defendant was required to make monthly payments.
3. The defendant's account was transferred and assigned by the original lender to the
plaintiff.
4. The defendant was advanced the proceeds of the loan which were to be used for
educational purposes.
5. The defendant failed to make the required payments when due.
6. The balance currently owed by defendant is $4,936.80.
7. Plaintiff has declared Defendant to be in default and demands payment of the
balance due from the Note.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $4,936.80 plus costs of suit and any other relief as the Court deems just and
appropriate.
Respect lly sub itted,
ichael . RaJAv , quire
Attorney I.D. 6285
120 N. Keyser Scranton, PA mratch ford @ecom
Phone: 800 -503 -1665
Fax: 570 -558 -5511
i
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, National Collegiate Student Loan Trust
2005 -2, am fully familiar with the facts set forth in the within Complaint and am authorized to
make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within
allegations are true and correct to the best of my knowledge, knowing that any false statements
are punishable by law pursuant to 18 C.S.A. 4904.
is F. Ratchf d, i7quire
NOTE DISCLOSURE STATEMENT
S 3,,296.70 Borrowcr(s) SHERIELARIAS
02860203
Loan No. r
Student: SHERIE L ARIAS
Date: May 5, 2005
SHERIE L ARIAS Leader Name and Address: l
1729 WEATHERBURN DR _PNC BANK. N.A. I
NEW CUMBERLAND, PA 17070 2600 LIBERTY AVE
PITTSBURGH, PA 15222 I
This disclosure summirm relates to one or more advances on your Loan Note disbursed on May 5, 2005 1
Because your Loan is either being disbursed in whole or in part, or is entering repayment, or the repayment terns are being modified, the
following information about your Loan is being given to you. I
I
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments
The cost of your credit as a The dollar amount the credit The amount of credim provided The amount you will have paid after m
yearly rate. win cost you, to you or on your behalf. you have made all payments scheduled.
7.038 % $ 3.225.60 S 3.000.06 S 6.225.60 I
I
Your payment schedule will be:
t
Number of Payments Amount of Payments' When Payments are due
i
240 S 25.94 On the 10th day of each month beginning on 1212006
I
I
I
VARIABLE. RATE: The Annual Percentage Rate, which is based on an index plus a margin, may increase during the term of
the loan if the index rate increases. The index is (check one): 1
Prime Rate Index Adjusted Monthly - The highest U.S. bank prime rate published in the "Money Rata" section of
!be Wall Street Journal on the lest business day of each calendar month.'
0 Prime Rate Index Adjusted Quarterly -The highest U.S. bank prime rate published in the "Money Rates" section of I
The Wall Street Journal on the last business day of each calendar quarter (if the Lender identified above is
Citibank ( New York Stott). the index will be the highest U.S. Bank prime rate published in the "Money Rates" section of i
The Wall Steel Journal on the date which is 30 days prior to the first day of each quarter). m
C LIBOR Index Adjusted Quarterly - The average of the ant -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, 1
I
Any increase in the index and the Annual Percentage Rate which occurs while principal payments are deferred will increase 1
the amount of any current and all future payments. Any increase in the Index and the Annual Percentage Rate which occurs while I
and interest a t
princip p ymrnts are dcfimed will increase the amount of x11 future payments. Any increase in the index and the
Annual Percentage Rate which occurs after you have begun to make principal and interest payments on your loan will increase the 1
amount of your future principal and interest paymenti beginning with your next annual payment adjustment date. For example, I
assume you obtain a loan in your junior year; in the amount of S 10,000 at an interest rate of 11%, and you defer principal and f
init" payments until after your graduation, and the repayment term of the loan is 20 years. If the interest rate increased to 12%
on January I st of your senior year, the interest which accrues while prindipal and interest payments are deferred will increase by t
S75.1 1. and your monthly-principal and interest payments would increase by $9.05.
SECURITY: You have given a security interest in all refunds or amounts owed to you at any time by the student's educational t
institution. Collateral securing other loans with the Leader may also secure ibis Loan. 1
LATE CHARGES: If a payment is more than 15 days late, you may be charged 55.00 or 5% of the payment, whichever is less. If
you default, Lender (or subsequent holder of your Loan Note) may increase the margin used to compute the Annual Percentage I
Rate by two percentage points (2 %).
PREPAYMENT: If you pay off early, you will not have to pay a penalty.
See your contract documents for any additional information about non - payment, default, any required repayment in full before the
scheduled date, any security intertst, and prepayment refunds and penalties.
gstImata: All numerical disclosures except the late payment disclosure are estimates.
_ t
Principal Amount of Note (Amount Financed plus Prepaid Finance Charge) $ 3,296.70
I
Itemization orAmounr Financed I
Amount paid to SHERIE L ARIAS 5 . 3.000.00
Amount paid to S
Total Amount Financed S _ 3,000.00
Iteinizorion of Prepaid Finance Charge 11
Origination or Guarmce S 296.70 i
Other Fees Paid (see yours contract) $ 1
Total Prepaid Finance Charges) S 296.70
•tf yow Lean is disbursed In multiple advances, the monthly payment amount disclosed in the payment ahtdule renczas only that monthly payrwni
==Sary to repay this advance. The actual total monthly payment on your Loan will be based on the sum of all advances under your Loan Note and will
be disclosed to you before your Loan suers repayment. Your minimum lotil monthly paymrcnl will be in least SUM each month or the entire loan
balance whichever is less.
TMKW9717 LI PNREDF The Continuing Education Loan File Copy r
From: 7172313659. Page: 2!2 Date: 4119/2005 6:58:46 PM
owl
I
NON- WOO11ABLE CREDIT AGREEMENT —THIS IS A CONSUMER CREDIT YRANSACMN �
n �i'L'C,Str..- .)1��1 x l.'41. �. ,.. .r.....� i...,►w.,t: �.,.w :dLi.�,:. ..t.. : ?... .�. .t'.......
The Continuing Eduoldlon Loan
Lender. PNC Bank, NA Sdwot TEMPLE UNIVERSITY
Academic Period: OSd200545YII)Ot3 Loan Amount Requested: $15000.00
Deferral Parlod Margin: 3.5 Period Ma :3.5 Loan OttgIrta Fee Petme ntage: 9.00
•��74�14T.•�BQt3Rf�WER'..�,. .. l�r least yaeis'of:�Bj':s�',.u:• • ><� '.� ..... ''' ` `;: �
Borrower Name: Strode L Arhu Home Address :1729 Weatharburn Or New Cumberland, PA 17070
Social Somattty ff:130.64. Bal Date of Birth: f 0l09H96a Nome Telephone: 7177740435
Ctaretrt Employer. GIANT CORPORATION t mpbyar Telophena 7172314523
CtMrard Position: Odle► Yeats Them 0 Ywfi 2 Montle
Yeats at Pm'rious Empvpwtt 7 Vwm
Nltrrony, thud support, ur oepar■ce nlsb burst bit artt 11 do nsl have Coto ml WW If you do trot ward them caasmasd for wpaybtp this
vbeasth If you ten rolylnp On each eddltlattal Incams, plem proytds doses oa a sepsrals shoat of paw.
SWOW CO&WO dp (drodt one ItmCj: D U.S, cutter► I] Ea9lo r+a►CRf w (Allwh front b batdt Dopy of f
Ma INS or Gh dant v6e t:ard)
Poluml ROMMnce �: �M Rehtrettm Home Tai 6 ,a1j��G}, M - wcrk Tat 1F I
Reference $ttW Addreex Abft d Rd
Rtttar>sttce C
A Ws o c q' rmo C�CW' j O.OZW Ate} t mdatWtd dnt sad sodeaaka ttx o6li�ima iq roam oe all fora (4) pegs of mo Loan Ropwicted;t
a&ka m P�esltks.. L .1 Include �a or °W p - wa
@s WW k;aly in a WN 1=mm or odacp=Mtatlat oo tElt faro is
mr m aim rloceoe" thla Ocodit iogrtt6ttmmtr Thin Quit Agacattalt b tip'ed tadaaoL 1 nodcataad sai t am Dot teigim in fAx nil MSMM- as
tctliTy wgomtoa and atq cetetM eotica dw trylllno tti®ICetta !t 1 ehoeae t0 Ara ay dtpmtve oe a to
�+ ®d wY rch ao. 10m thn rennin �4 I intend: 1) my Oa Or da*oaie . air LYcd1i
� t0 b0 611 dCe'ti'eeio aiaoaaoe ImdC>' ayplrcblC r u L4SIde7 by eleeoal's taoocda aadsad — 1 Of tldt Credit Apeemem lad rdatcd Wca ta bs in cdr oW doC�t Ph) to c with dw Lad ationt tmda ehlr tkodit (iv) %K'ba Credit Alrommat wW ant be p wrned by Aftiele 3 cf the Lwtham [ da. and ap i
Agrwwau wOl sot be wbj=m buc wW as6ttbr of ad oba dan will be Nbjm W6 Mtide 9 of me UtdB=rm CamflfdA Cods.
FOR ALABAMA RESIDgM S: CAUTION— IT IS IMPORTANT THATYOU THOROUGHLY READ THE CONTRACI YOU j
SIGN yT,
FOR WISCONSIN IWIDEMM - NOTICE TO CUSTOMX. v I
(a) DO NOT SIGN MIS CREDIT AGREEMENT BEFORE YOU READ THE WRITING ON THE FOLLOWING AAGES�V6N IF
OT99RWLSE ADVISED .
(b) DO NOT SIGN TINS CREDIT AGRBBlYJ1i T IF IT OONTAINS ANY BLANK SPACES. CD
(c) YOU ACRE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. O'
(d) YOU RAVE i 'm RIGHT AT ANY TBMB TO PAY IN ADVANCE THE UNPAID BALANCE UNDER THIS CREDIT AGREEMENT
AND YOU MAY BE ENTTILED TO A PARTIAL REFUND OF TH8 FINANCE CHARGE.
I
wPLFAS��}I�B�AW� • ,- ,�•F�IX:T0:,�80J>ti704;9�08: l
SlgnaWM of Bcrrowe►
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vcoa•aaa,tw.te.tt�t
ftVA CLC W Yttti4.A%nd=W LENDER COPY PNREDF -
TOTAL P.02
1
9013 ALiC 19 Pty :
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ; ss
AFFIDAVIT: 1 hereby(swear) (affirm)that I served
® a copy of the Notice of Appeal, Common Pleas No 13-4690 CIVIL, upon the Magisterial District Judge designated
therein on
(date of service), 08/15, 2013, by personal service ® by(certified) (registered)mail,
sender's receipt attached hereto, and upon the appellee, (name) SHERIE ARIAS , on
08/15,2013, ❑ by personal service ® by(certified) (registered)mail,
sender's receipt attached hereto.
SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS 15 TH DAY OF Au ust,2013
Signature of official before whom affidavit was made / Signature of ffia t
l ommOMVEA i ri Ot-PLNNSYLVt NIA
Notarial Seal
Michael c.sowa,Notary Public
PlainsTwp.,Luzeme County
My Commission Expires)an.24,2014
Member,Penn ;;if--Tnri, iQ of N tariQ es
Title of official C ��
My commission expires on�, 20I
AOPC 312A-05
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i PS Form :,r August 2006 See Reverse for Instructions
PS Form 3800,August 2005 See Reverse for .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
NATIONAL COLLEGIATE STUDENT
LOAN TRUST 2005-2 CIVIL ACTION :r .,
�a ,M
Plaintiff : '� r �(=
-<> W c) ,.
VS.
NO: 13-4690 CIVIL
t-0 7.,
SHERIE ARIAS
Defendant
CERTIFICATE OF SERVICE
1, Michael F. Ratchford, Esquire, hereby certify that on August 19, 2013 the below named
District Justice received and signed for the certified mail containing the Plaintiff's Notice of
Appeal of the District Justice Judgment.
District Court 09-1-01
Honorable Charles A. Clement, Jr. District Justice
920 LINDA LN.
CAMP HILL, PA 17011
Edwin A. Abrahamsen&Associates, P.C.
B
ichael F. Ratchford, Esquir
Attorney I.D. No.: 86285
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA C,
NATIONAL COLLEGIATE STUDENT _
LOAN TRUST 2005-2 CIVIL ACTION Ma' oo Rr�
-T3
Plaintiff : -<> w C
r--= —+c
C)- ;
VS. a
NO: 13-4690 CIVIL
SHERIE ARIAS
Defendant
CERTIFICATE OF SERVICE
I, Michael F. Ratchford, Esquire,hereby certify that on August 23, 2013 the below named
Defendant received and signed for the certified mail containing the Plaintiff's Notice of Appeal
of the District Justice Judgment and Complaint.
SHERIE ARIAS
1729 WEATHERBURN DR
NEW CUMBERLAND PA 17070-2218
Edwin A. Abrahamsen&Associates, P.C.
BY•
hael F. atchford, quire
Attorney I.D. No.: 86 5
120 N Keyser Avenu
Scranton, PA 18504
(570) 558-5510
R ER:COMPLETE THIS SECTION +MPLETE THIS SECTION ON
III Complete Items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X �'`-�'� E3 Agent
• Print your name and address on the reverse !r "" ❑Addressee
so that we can return the card to you. B. Rec by(Printed Name) C.Date of Delivery
■ Attach this card to the back of the mail piece, /or on on the front if space permits. G
1. Article Addressid to: D. Is delivery address different from item 1? 13 Yes
If YES,enter delivery address below: ❑No
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Z�a�Tf 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number `T r- - -
(Transfer from serviceJabeO ;� � bib 2214 DDda 61OD 32s 58 i
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540:
SENDER: • •N 7 COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X y, e a,S 13 Agent
■ Print your name and address on the reverse _ ( ❑Addressee
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■ Attach this card to the back of the mailpiece, G,z�
or on the front if space permits. 0
i. Article Addressed to: D. is delivery address different from item 1? ❑Yes
A l Z If YES,enter delivery address below: ❑No
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New CCU W bC d o'Vi Gk l 1"A 170 l)� 3. Service Type
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4. Restricted Delivery?(Extra flee) ❑Yes
2. Article Number ! ; 701,2E 2210 DDDD 61�DD� 3265 , t
{transfer from service!abet) i
�PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540;
4
James H. Turner, Esquire ` �'E 0-���-r f C i-
q -
TURNER AND O'CONNELL
4701 North Front Street 2013 SEP 13 AM 11 03
Harrisburg, PA 17110 ���������� COUNTY
717/232-4551 telephone PENNSYLVANIA OU
717/232-2115 facsimile
j ht@tumerandocon nel 1.com
Attorney for defendant
NATIONAL COLLEGIATE, IN THE COURT OF COMMON PLEAS
STUDENT LOAN TRUST 2005-2,
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 13-4690 CIVIL TERM
SHERIE ARIAS, CIVIL ACTION - LAW
Defendant
NOTICE TO PLEAD
TO: National Collegiate Student Loan Trust 2005-2,plaintiff, and
Michael F. Ratchford, Esquire, attorney for plaintiff
You are hereby notified to file a written response to the enclosed New Matter
within twenty (20) days from service hereof or a judgment may be entered against you.
James H. Turner, Esquire
James H. Turner, Esquire
TURNER AND O'CONNELL
4701 North Front Street
Harrisburg, PA 17110
717/232-4551 telephone
717/232-2115 facsimile
j ht@turnerandoconne ll.com
Attorney for defendant
NATIONAL COLLEGIATE, IN THE COURT OF COMMON PLEAS
STUDENT LOAN TRUST 2005-2,
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 13-4690 CIVIL TERM
SHERIE ARIAS, CIVIL ACTION - LAW
Defendant
ANSWER
I. Admitted.
2. Denied. The signature on the note is not that of the defendant as plaintiff
has been advised on numerous occasions.
3. Denied. The defendant is without knowledge or information as to the
purported assignment nor has she been provided any documentation.
4. Denied. Defendant received no funds from the purported loan.
5. Denied. The defendant is not obligated to pay the loan.
6. Denied. The defendant owes no sums to plaintiff.
7. Denied. The defendant owes no sums to plaintiff.
WHEREFORE, defendant request your Honorable Court to dismiss the complaint
of plaintiff.
NEW MATTER
8. Plaintiff's claim is barred by the statute of limitations.
Z;�m�esH. Turner,Esquire
TURNER AND O'CONNELL
4701 North Front Street
Harrisburg, PA 17110
717/232-4551 telephone
717/232-2115 facsimile
jht e,turnerandoconnell.com
Verification
I verify that the statements made in the foregoing are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
Date: September , 2013 Sherie Arias
CERTIFICATE OF SERVICE
I, James H. Turner, Esquire, hereby certify that I served a true and correct copy of
the foregoing depositing same in the U.S. mail, first class postage prepaid, addressed as
follows:
Michael F. Ratchford, Esquire
120 N. Keyser Avenue
Scranton, PA 18504
Date: September 2013
Jaffles H. Turner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL COLLEGIATE STUDENT
LOAN TRUST 2005-2, CIVIL DIVISION ..;
Plaintiff:
vs. • -< '
SHERIE ARIAS, : NO: 13-4690 CIVIL
c.:
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
Plaintiff,NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, by and through its
attorneys, Edwin A. Abrahamsen&Associates, replies to Defendant's New Matter as follows:
8. Denied. The allegations contained in paragraph 8 of Defendant's New Matter are
conclusions of law which are deemed denied. To the extent a further response is deemed necessary,
Plaintiff specifically denies that its claim is barred by the applicable statute of limitation. This matter
was filed within 4 years of Defendant's last payment in November 2009.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant, in the amount
of the current delinquent balance, plus costs of suit, and any other relief the Court deems just and
equitable.
Respectively bmitt.
By: ,/
E• 'n A. .r. ..r ? &Associates, P.C.
ich.= F. Ratchford, Esquire
Scott J. Best, Esquire
Attorney I.D.No.: 86285/93600
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510
) ;..,
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:c• fT° ?r7
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IN THE COURT OF COMMON PLEAS OF -mac v ,
CUMBERLAND COUNTY, PENNSYLVANIA <
NATIONAL COLLEGIATE STUDENT =GI -
E
LOAN TRUST 2005-2, CIVIL DIVISION
.70
-< <
Plaintiff:
vs.
SHERIE ARIAS, : NO: 13-4690 CIVIL
Defendant
CERTIFICATE OF SERVICE
I, Scott J. Best, Esquire, hereby certify that I caused a true and correct copy of Plaintiff's Reply
to Defendant's New Matter was served via first class United States Mail, postage prepaid on the date
set forth below upon the following:
JAMES H TURNER
4701 N FRONT ST
HARRISBURG, PA 17110
Edwin A. Abrahamsen&Associates, P.C.
Date: 1
BY: L�/��
chael F. 'atc ► E '• ire
Scott J. est, Esquire
Attorney I.D. No.: 86285/93600
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510