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HomeMy WebLinkAbout14-2985 Supreme Co�� 'ennsylvania Cou �o�Cdmmo )Tleas For Prothonotary Use Only: l:IVil Shtieet Docket No: Tj r T /1 (v 1,L{rYl . ��GL ` County '�'n The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: El Complaint 0 Writ of Summons 0 Petition S © Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiffs Name: bead Defendant's Name: National Collegiate Student Loan Trust AR - —v-t GL WU & S �,Sul ' T I Dollar Amount Requested: ithin arbitration limits I Are money damages requested? iX Yes 0 No check one)) Ooutside arbitration limits 0 N Is this a Class Action Suit? 0 Yes 0N Is this an MDJAppeal? 0 Yes Ix No A Name of Plaintiff/Appellant's Attorney: MICHEAL RATCHFORD, ESQ. Check here if you have no attorney(are a Self-Represented jPro Sel 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 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other Board of Elections 0 Nuisance STUDENT LOAN Dept.of Transportation 0 Premises Liability © Statutory Appeal:Other S 0 Product Liability (does not include 0 Employment Dispute: mass fort) � E � Slander/Libel/Defamation Discrimination C Other: Employment Dispute:Other [3 Zoning Board © Other: T I Other: 0 MASS TORT ® Asbestos N ® Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B Other: 0 Eminent Domain/Condemnation Declaratory Judgment 0 Ground Rent Mandamus ©Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical ® Other: ® Other Professional: Updated I/1/2011 IN THE COURT OF COMMON PLEAS OF" IE PROTHONOTP�Wf' CUMBERLAND COUNTY, PENNTSYLVANLP,01� MAY 19 P-M, 1: 3 NATIONAL COLLEGIATE STUDENT OUNTY LOAN TRUST 2007-4 CIVIL ACTION CUMBERLAND NIA c/o NCO Financial Systems Inc. PENNSYLVANIA 5�'L�° �, 5100 Peachtree Industrial Blvd Norcross, GA 30071 Plaintiff vs. I REBECCA WUNDERS 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Defendant and RYAN MITSUI 420 INDEPENDENCE CT MECHANICSBURG PA 17050-1842 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. O MIDPENN LEGAL SERVICES V6:?. 401 EAST LOUTHER STREET CARLISLE, PA 17013 eK� 3 s£3c3 717-243-9400 N1302524 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-4 CIVIL ACTION c/o NCO Financial Systems Inc. 5100 Peachtree Industrial Blvd Norcross, GA 30071 Plaintiff vs. NO: REBECCA WUNDERS 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Defendant and RYAN MITSUI 420 INDEPENDENCE CT MEC14ANICSBURG PA 17050-1842 Defendant COMPLAINT Plaintiff,NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-4, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendants as follows: 1. The defendant REBECCA WUNDERS is an adult individual residing at 813 HIGHLAND CT MECHANICSBURG PA 17050-181.7. 2. The defendant RYAN MITSUI is an adult individual residing at 420 INDEPENDENCE CT MECHANICSBURG PA 17050-1842. 3. The defendants executed the promissory note for the payment of tuition in which the defendants were required to make monthly payments. A copy of the promissory note, is attached hereto as Exhibit "A." 4. The defendants' account was transferred and assigned by the original lender to the plaintiff. (See "Pool Supplement" attached hereto as Exhibit "B" demonstrating the chain of title for this account) 5. The defendants were advanced the proceeds of the loan which were to be used for educational purposes. 6. The defendants failed to make the required payments when due. 7. The balance currently owed by defendants is $6,645.85. 8. Plaintiff has declared Defendants to be in default and demands payment of the balance due from the Note. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants in the amount of$6,645.85 plus costs of suit and any other relief as the Court deems just and appropriate. Res ctful su mi , Micha F. Ratchf d, Esq ' e Attorney I.D. No .: 86285 120 N. Keyser e Scranton, PA 1 504 mratchford@e -law.com Phone: 800-503-1665 Fax: 570-558-5511 VERIFICATION 1, Michael F. Ratchford, attorney for Plaintiff, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-4, 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. Michael F. Ratchford squire (Pane 3 of 9) I NOTE DISCLOSURE STATEMENT $ 4,371.58 Borrowct(s) REBECCA A WUNDERS 05720310 RYAN G MITSUI L-No. Student REBECCA A WUNDERS Date: August 20 2007 REBECCA A WUNDERS Lender Name and Address: 515NCASSAVE UNIONFTI,MAI CAVING4RAN K WESTMONT, IL 60559 USA 1565 MINERAL SPRING AVENUE NORTH PROVIDENCE,RI 02904 This disclosure statement relates to your loan Note disbursed on August 20,2007 Because your Loaa is either being disbursed or entering repayment,or the repaymem terms are being modified.the following inftrmation about your Loan is being given to you. ANNUAL,PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments The cost of your credit w a the dol W amount the credit The amount of erxdit provided The amount you wilt have paid after yearly rate, win con you, to you or on your behalf. you have made all payments 12.112 % $ 9.711.20 S 4,000,00 $ 13.711.20 Your payment schedule will be: Numb r of Payments Amoum of Payments Wbm,Payments are due 240 S 57.13 On the 30(h day of inch month beginning 10/2009 VARIABLE RATE:The Annual Perecntagc 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): F]Prime Rate index Adjusted Monthly•The highest U.S.bank prime rate published in the"Money Runes"section of The Wall Street Journal(Eastern Edition)on the last business day of each calendar month. E]Prime Rate Index Adjusted Quarterly-The highest U.S.bank prime rate published in the"Money Rates"suction of The Wall Street Journal(Eastern Edition)on the last business day of each calendar quarter. EJ LIBOR Index Adjusted Qtrarter)y-The average of the one-month London Interbank Offered Rates published in the "Money Rates"section of The Wall Street Journal(Eastern Edition)on the first business day of each of the three(3) calendar months immediately preceeding the fust day of each calendar quarter. XQ LIBOR tudex Adjusted Monthly-The one-month London Imethnnk Offend Rate published in the"Money Rates" section of The Wall Street Journal(Eauem Edition)on the first business day of the preceding calendar month. Any increase in the index and the Annual Percentage Rate which occurs while principal payments are deferred will increase the amount of any cement and all future payments.Any increase in the index and the Annual Percentage Rate which occurs while principal and interest payments are deferred will increase the amount of all 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 amount of your future principal and interest payments beginning with your next annual payment adjuament date.For example, assume you obtain a loan in your junior year,in the amount of 510,000,at an interest rate of I 1 r%,and you defer principal and interest payments until after your graduation,and the repayment term of the loan is 20 years.If the interest rate increased to 12'% on January dist of your senior year,the interest which accretes while principal and interest payments are deferred will increase by $91.01,and your monthly principal and interest payments would increase by$9.37. 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 any subsequent holder of your Loan Note)may increase the margin used to compute the Annual Percentage . Rate by two percentage points(2`.6). PREPAYMENT:If you pay off early,you will not have to pay a penalty. Estimates:All numerical disclosures except the late payment disclosure are estimates. See your contract docttments for any additional information about non-payment.,default,any required repayment in full before the scheduled dart,any security interest and prepayment refunds and penalties. Principal Amount of Note(Amount Financed plus Prepaid Fiance Charge) $ 4,371.58 Itemization of Amount Financed Amount paid to REBECCA A WUNDERS and S Amoumpsid o RYAN G MLTSUI S- 4,000.00 Total Amount Financed S 4,000.00 Itemization of Prepaid Finance Charge . Origination Fa S 371.58 Total Prepaid FinanceChtugefs) S 371.58 eS.�Tanrem sRs J UFJUDP Astrive Undergraduate Lunn file Copy (Pave 2 0£ 5) From:6303108690 Page:213 Dace:8115!2037 4:42.58 PIA !11 g6a NONNEGOTIABLE CRF.DIIA4RtEEMENT-THIS ISA CON913haR CREDIT TRANSACTION ^ Astrivts Undergraduate Loan Aoadzmic Period:0612007-0912007 Lender-Union Federal Savings Bank School: ILLINOIS INSTITUTE OF ART-CH Loan Armnint Requested:S4000.00 Repayment Option:Full Defers{ Deferral Period Margin,5.75 Repaymert Period hbrgin:5.75 Loan Origination Fee Percentage:8.50 Borrowef Name:Rebeoca A Wurrdw5 Horne Address:515 N Cass Ave VdsstrrtanY IL o"0550- 1 Social-Security 9-. 1-8093 Date of Birth:I 111986 Home Telephone:(Toa)599-2645 ff Mobile Te!ephane: E-inaii ress: Student C tizensttip(check orte bwcl f&U.S.Gdizea 0 0ibfe Notes tsar)(Atbch front S bad*c'tp of GS or sWCj nt v sa card) S Nate: Personal reference name and addmst cannot rnzat=h"of Cra Cnvgnec, Porsonal Roterectt�Nerne: K�)daen Ll Tattles Reference Homo Tel*�tLZ 3<3�t35 VJark Tell: Rr:#ererxx Str6eY Address: 124 Woods Cm ` ReferenceChylSt�trJTjp; Med.a:ricsSuo?A17Q+� Gt nt Name: Ryan G Mitsui r Horne Address:515 N Cass Ave Wastrnant,IL SM59 Social Security# -'-8-4792 Date of BirG1 W1983 Home Telephone:(708)845-2686 Motile Telephone. E-mao. Jress: Flava you em defatLtd on a shrdent ban or declared bankruoxy? Q Ne, 0 Yes Ctmartt Enployer.DRMGESTONERRESTONE F ivyy�Tefsphona:(MO)41T1�9 Garet#Posfriot[Biu'mRa.urkae Years Them:3 Yeas i Years at Previous Empbyment o Years Alimony,child suppoRt or aapamte matntananee Income*do oat bsva to be mvoared H you do roof wanttfeem eormidered for repaying this obtigaiioa a sow bm m"B oa such uddlnorml itmOMe,please provide data»s on a sapamte sneer os paper. aosim-c=Denship(dm*one bwo: E&u.5.ckT mr, O Eftgibie Nan-CUmn(At mb franc 8 back copy d GIS) - Ne:a: Personai redarenm name and eodrms cannot match that of ft shu rd. 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If I_boo to fax wr':gnat-_oa or m tits Cala .Avramzatand as f re'1a!_d nob—mat Mcf im tib I iokad:(i)me ftis or aide siV_t—_to be M derhaaic ajgn.t= .de:)epiiE dile f,A_and ate Iau pant.,'mr pamom of Led='. of t=Cr dl Agre®vet and retrtw'Dobe'b t c to original daeameoL(Iia tD*d=bosms ahb d= L�by dcctotic encode ad e3echynw t»»ra—6(in-)@cat thin C6rdit Agreent wM tot b_goyencd be Artid.3 of the Lrnd®C——=4 Cods.and my ow.taaa mdv Beit Grunt Ag==ar'a'TI Dot be wbjud lcbut nor oxo of mc'obFigatiom w ip bo Ad:ek 4 of circ Ljaiform vriai Co�j Signature of Boriawer Date /z/ S BY SIGHING THIS CREDIT AGREE NT BELOW,I CERTIFY THAT I IWTEND TO 9)APPLY FOR INT CREDIT AND (R)BE JOWTLY LIABLE WITH TH"DRRDWER FOR THIS LOAN. Signature of Cosigner?� Date UF.07-M.CSXI.I0DC.0207 LENDER COPY j PNIOt_UF Q7-08_CSX1_F_X_WUNDERS_A1Q572a310.pdf UFJUDP In this Credit Agreement,the words"I","me","my",and"mine"mean the person(s) (b) Graduate Professional Education Loan Program:The Deferment End Date will who signed this Credit Agreement as Borrower and Cosigner.The words"you', be 180 days after the student Borrower graduates or ceases for any other reason to be 'your',"yours',and"Lender"mean Union Federal Savings Bank,its successors and enrolled at least half-time in the School(or another school participating in this Loan assigns,and any other holder of this Credit Agreement."School'means the school Program),but no more than 4%years after the Disbursement Date;provided,however, named at the top of the first page of this Credit Agreement.The"servicer*means that if the student Borrower begins a medical residency or internship during the the Lender or any entity it designates to service my loan. Deferment Period,then the Deferment Period will end 180 days after the day the A. PROMISE TO PAY: I promise to pay to you the principal sum of the Loan residency or internship ends,but no more than 8%years after the Disbursement Date. Amount Requested shown on the first page of this Credit Agreement,to the extent it 4. The"Repayment Period"begins the day after the Deferent Period ends.If there is is advanced to me or paid on my behalf,and any Loan Origination Fee added to my no Deferent Period for my loan,the Repayment Period will begin when my loan is fully loan(see Paragraph F)(together the"Principal Sum"),interest on such Principal disbursed.The Repayment Period is 20 years unless monthly payments equal to the Sum,interest on any unpaid interest added to the Principal Sum and late fees(see minimum monthly payment amount(See Paragraph E.2)will repay all amounts owed in Paragraph E.6). less than 20 years,in which case the Repayment Period will be the number of months B. IMPORTANT—READ THIS CAREFULLY: necessary to pay in full the amount I owe at the minimum payment. 1. When you receive my signed Credit Agreement,you are not agreeing to lend me D. INTEREST: money.If you decide to make a loan to me,you will electronically transfer the loan 1. Accrual—Beginning on the Disbursement Date,interest will be calculated at the funds to the School for me,mail a loan check to the School for me,or mail a loan Variable Rate(Paragraph D.2)and charged on the Principal Sum,and on any unpaid check directly to me.You have the right to not make a loan or to lend an amount interest later added to the Principal Sum according to Paragraph D.3.During the less than the Loan Amount Requested. I agree to accept an amount less than the Repayment Period,interest will be calculated at the Variable Rate and charged on the Loan Amount Requested and to repay that portion of the Loan Amount Requested outstanding balance of this Credit Agreement until all amounts are paid in full.Interest that you actually lend to me along with interest and all other amounts I owe(see will be calculated on a daily simple interest basis. The daily interest rate will be equal to Paragraph A).You have the right to disburse my loan through an agent.At your the annual interest rate in effect on that day,divided by the number of days in that option,you may also make any loan check co-payable to me and the Cosigner or to calendar year. me and the School. 2. Variable Rate—The"Variable Rate"is equal to the Current Index plus a Margin. The 2. HOW I AGREE TO THE TERMS OF THIS LOAN. By signing this Credit Margins for both the Deferent Period and the Repayment Period are shown on the first Agreement,and submitting it to the Lender,I am requesting that you make this loan page of this Credit Agreement.In no event will the Variable Rate exceed the maximum to me in an amount equal to the Loan Amount Requested plus any Loan Origination interest rate allowed by the laws of the State of Rhode Island.The Variable Rate will Fee described in Paragraph F of this Credit Agreement. If you approve this request change monthly on the first day of each calendar month(the"Change Date(s)")if the and agree to make this loan,you will notify me in writing and provide me with a Current Index changes. The"Current Index"for any calendar month(or for any shorter Disclosure Statement,as required by law,at the time the loan proceeds are period beginning on the Disbursement Date and ending on the last day of a calendar disbursed.The Disclosure Statement is incorporated herein by reference and made month)is based on the one-month London Interbank Offered Rate("LIBOR")as a part hereof. The Disclosure Statement will tell me the amount of the loan which published in the"Money Rates"section of The Wall Street Journal(Eastern Edition).The you have approved,the amount of the Loan Origination Fee,and other important index for each calendar month(or for any shorter period beginning on a Disbursement information. I will let you know that I agree to the terms of the loan as set forth in Date and ending on the last day of a calendar month)will equal the LIBOR rate published this Credit Agreement and in the Disclosure Statement by doing either of the on the first business day of the immediately preceding calendar month,rounded to the following: (a)endorsing or depositing the check that disburses the loan proceeds; nearest one-hundredth of one percent(0.01%). If The Wall Street Journal(Eastern or(b)allowing the loan proceeds to be used by or on behalf of the student Borrower Edition)is not published or the Current Index is not given on that date,then the Current without objection.Upon receipt of the Disclosure Statement,I will review the Index will be determined by using the immediately preceding published Current Index.If Disclosure Statement and notify you in writing if I have any questions. If I am not the Current Index is no longer available,you will choose a comparable index. satisfied with the terms of my loan as disclosed in the Disclosure Statement,I may 3. Capitalization—If I have elected the"Full Deferral"repayment option(the applicable cancel my loan. To cancel my loan,I will give you a written cancellation notice repayment option is stated on the first page of this Credit Agreement),I am not obligated within ten(10)days after I receive the Disclosure Statement. If loan proceeds have to make any payments until the loan enters the Repayment Period and you will add been disbursed,I agree that I will immediately return the loan proceeds to you,will unpaid accrued interest to the principal loan balance as of the last day of each calendar not endorse any check which disburses the loan proceeds and will instruct the quarter(the last day of December,March,June and September)during the Deferment School to return any loan proceeds to you. If I give notice of cancellation but do not Period and as of the last day of my Deferment Period.Interest that is added to principal comply with the requirements of this Paragraph 6.2,this Credit Agreement will not is called"Capitalized"interest.Capitalized interest will be treated as principal.In addition, be canceled and I will be in default of this Credit Agreement. (See Paragraph 1.) if I am in default(see Paragraph 1)and the loan has been sold to TERI(see Paragraph C. DEFINITIONS: LA 2),TERI may capitalize accrued and unpaid interest as of the date it purchases my 1. "Disbursement Date"means the date or dates on which you lend money to me in loan.I understand that you will also add all accrued and unpaid interest to the principal consideration for my Credit Agreement and will be the date(s)shown on any loan balance of my loan at the end of any forbearance period(see Paragraph H).In all cases, check you prepare or the date(s)you initiate any electronic funds transfer the sum of the interest you capitalize plus the then-outstanding principal balance is 2.The"Deferment Period'will begin on the Disbursement Date and end on the thereafter considered the principal balance,and interest will accrue on the new principal Deferment End Date. balance. 3."Deferment End Date"means the date specified below for the applicable loan E. TERMS OF REPAYMENT: program(the applicable loan program is stated on the first page of this Credit 1. Deferment Period—If I have elected either the"Interest Only"repayment option or the Agreement). "Full Deferral"repayment option(the applicable repayment option is stated on the first (a) Undergraduate Alternative Loan Program: If I have elected the"Immediate page of this Credit Agreement),you may,or,if required by applicable law,will send Repayment"option(the applicable repayment option is stated on the first page of statements during the Deferment Period(showing the total outstanding principal balance this Credit Agreement),there is no Deferment Period,and my first payment will be of my loan and the interest that has accrued on my loan). You reserve the right to send 30-60 days after the disbursement of my loan. If I have elected the"Interest Only" statements or notices to either the Borrower or the Cosigner.Statements will be sent to repayment option(the applicable repayment option is stated on the first page of this me at the address shown on your records. If I have elected the"Interest Only" Credit Agreement),then interest payments will begin 30-60 days after the repayment option,I agree to make payments each month during the Deferment Period disbursement of my loan,the"Deferment End Date"will be the date the student equal to the accrued interest on the outstanding balance of this Credit Agreement. If I Borrower first graduates or ceases to be enrolled at least half-time in the School(or have elected the"Full Deferral"repayment option I may,but am not required to make another school participating in this loan program),and principal and interest payments during the Deferment Period.You will add any interest that I do not pay during payments will begin 30-60 days after that date.In any event,if I have elected the the Deferment Period to the principal balance,as described in Paragraph D.3. "Interest Only"repayment option,the Deferment End Date will be no more than 5 2. Repayment Period—The amount of my monthly payment("Monthly Payment years after the Disbursement Date.If I have elected the"Full Deferral'repayment Amount")will be established based on the rules in this Credit Agreement when my option(the applicable repayment option is stated on the first page of this Credit Repayment Period begins. During the Repayment Period,you will send me monthly Agreement),then the"Deferment End Date"will be 180 days after the date the statements that show the Monthly Payment Amount and the payment due dates,and I student Borrower first graduates or ceases to be enrolled at least half-time in the will pay the Monthly Payment Amount shown on my monthly statement,which amount School(or another school participating in this Loan Program).In any event,if I have will in no event be less than$25 or the unpaid balance,whichever is less.I understand elected the"Full Deferral"repayment option,the Deferment End Date will be no that the Monthly Payment Amount is due each month.I may pay more than my Monthly more than 5'%years after the Disbursement Date.For borrowers who chose the Payment Amount at any time without penalty or charge. If my loan is in paid-ahead "Interest Only"or"Full Deferral"repayment options,joint and serial(associates to status,I may,but will not be required to make monthly payments.You reserve the right bachelors)degree recipients may continue in-school deferment while completing to send monthly statements to the Borrower and/or the Cosigner.Even if 1 do not receive their second degree,up to the 5-year or 5'/r year maximum. monthly statements,I will make consecutive monthly payments in amounts at least equal to the Monthly Payment Amount by the applicable payment due dates until I have paid all tW0752132.1)UF.07-08.CSXI.IODC.0207 2 of of the principal and interest and any other charges I may owe under this Credit 1. 1 will send written notice to you,any subsequent holder of this Credit Agreement,and Agreement. the servicer within ten days after any change in name,address,or enrollment status(for 3. Repayment Period-My Monthly Payment Amount will be calculated as of the example,if the Borrower withdraws from the School or transfers to another school day the Repayment Period begins("Repayment Date'.It will be recalculated(a) participating in this loan program). once each year prior to the anniversary of the Repayment Date,(b)if the Variable 2. Any notice required to be given to me by you will be effective when mailed by first Rate changes between anniversaries of the Repayment Date to the extent that the class mail to the latest address you have for me.Unless required by applicable law,you Monthly Payment Amount would not pay in full the accrued monthly interest on my need not give a separate notice to the Cosigner. loan,(c)following any subsequent deferment or forbearance period or(d)following K. INFORMATION: any request by the Borrower to the servicer to change the monthly payment due 1. 1 must update the information I provided to you whenever you ask me to do so. date(each of which events is a new"Repayment Date").As of any Repayment 2. 1 authorize you from time to time to request and receive from others credit related Date,my Monthly Payment Amount will be recalculated.My new Monthly Payment information about me(and about my spouse if I live in a community property state). Amount will be disclosed to me by the servicer.The new Monthly Payment Amount 3. CREDIT BUREAU REPORTING will equal the amount necessary to pay in full,over the number of months remaining You may report information about my account to credit bureaus. Late in the Repayment Period,the amount I owe in equal monthly installments of payments,missed payments,or other defaults in my account may be reflected principal and interest at the Variable Rate in effect at the time of the calculation.I in my credit report. understand that this may result in a reduction or increase in my monthly payment as calculated as of each Repayment Date. I understand that during the Repayment I understand that the reporting of information about my account to credit bureaus may Period(and,if I have elected the"Interest Only"repayment option,during the period adversely affect my credit rating and my ability to obtain other credit.You may also of interest payments)the servicer may change the monthly payment due date of provide the School with certain personally-identifiable information about me(such as my future payments to a later date for the convenience of the servicer in processing Social Security Number and my Loan ID number)and report the status of my loan and payments or in order to coordinate the due dates of all of my loans processed by the my payment history,including information about a late payment,missed payment or servicer. other defaults,to the School and others in accordance with applicable law. 4. Amounts Owing at the End of the Repayment Period—Since interest accrues L. ADDITIONAL AGREEMENTS: daily upon the unpaid principal balance of my loan,if I make payments after my 1. 1 understand that you are located in Rhode Island and that this Credit Agreement will payment due dates,I may owe additional interest. If I have not paid my late fees,I be entered into in the same state.CONSEQUENTLY,THE PROVISIONS OF THIS will also owe additional amounts for those late fees.In such cases you will increase CREDIT AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND THE LAWS OF the amount of my last monthly payment to the amount necessary to repay my loan THE STATE OF RHODE ISLAND,WITHOUT REGARD TO CONFLICT OF LAW in full. RULES. 5. Payments—Payments will be applied first to late fees,other fees and charges, 2.The proceeds of this loan will be used only for my educational expenses at the School. accrued interest,and the remainder to principal. The Cosigner will not receive any of the loan proceeds. 6. Other Charges-If any part of a monthly payment remains unpaid for a period of 3. My responsibility for paying the loan evidenced by this Credit Agreement is unaffected more than 15 days after the payment due date,I will pay a late fee not exceeding by the liability of any other person to me or by your failure to notify me that a required $5.00 or 5%of the overdue payment amount,whichever is less.To the extent payment has not been made.Without losing any of your rights under this Credit permitted by law,I agree to pay you all amounts you incur in enforcing the terms of Agreement you may accept(a)late payments,(b)partial payments or(c)payments this Credit Agreement,including reasonable collection agency and attorneys fees marked"paid in full"or with other restrictions.You may delay,fail to exercise,or waive and court costs and other collection costs. any of your rights on any occasion without losing your entitlement to exercise the right at F. LOAN ORIGINATION FEE: If you charge me,I will pay you a Loan Origination any future time,or on any future occasion.You will not be obligated to make any demand Fee at the time my loan is disbursed. The dollar amount of any Loan Origination upon me,send me any notice,present this Credit Agreement to me for payment or make Fee will be determined by multiplying the Principal Sum times the Loan Origination protest of non-payment to me before suing to collect on this Credit Agreement if I am in Fee Percentage shown on the first page of this Credit Agreement. The percentage default,and to the extent permitted by applicable law,I hereby waive any right I might would be higher if computed only on the amount advanced rather than on the entire otherwise have to require such actions.I WILL NOT SEND YOU PAYMENTS MARKED Principal Sum(Loan Origination Fee plus the loan amount advanced). For example, "PAID IN FULL","WITHOUT RECOURSE"OR WITH OTHER SIMILAR LANGUAGE a nominal Loan Origination Fee of 6.5%on the entire principal amount would equal UNLESS THOSE PAYMENTS ARE MARKED FOR SPECIAL HANDLING AND SENT 6.9519%of the amount advanced. The Loan Origination Fee I will pay,if any,will TO THE ADDRESS IDENTIFIED FOR SUCH PAYMENTS ON MY BILLING be shown on my Disclosure Statement and included with the Principal Sum. To the STATEMENT,OR TO SUCH OTHER ADDRESS AS I MAY BE GIVEN IN THE extent permitted by law,and unless I timely cancel this Credit Agreement(see FUTURE. Paragraph B.2),I will not be entitled to a refund of any Loan Origination Fee after 4. 1 may not assign this Credit Agreement or any of its benefits or obligations.You may my loan has been disbursed. assign this Credit Agreement at any time. G. RIGHT TO PREPAY: I have the right to prepay all or any part of my loan at any 5.The terms and conditions set forth in this Credit Agreement and the Disclosure time without penalty. Statement constitute the entire agreement between you and me. H. FORBEARANCE: If I am unable to repay my loan in accordance with the terms 6. If any provision of this Credit Agreement is held invalid or unenforceable,that established under this Credit Agreement because of a hardship such as financial or provision shall be considered omitted from this Credit Agreement without affecting the medical difficulty,I may request that you modify these terms. I understand that such validity or enforceability of the remainder of this Credit Agreement. modification would be at your option,and,to the extent not prohibited by applicable 7. A provision of this Credit Agreement may only be modified if jointly agreed upon in law,you may charge me a fee equal to two percent 2%of the outstanding principal writing by you and me.Any modification will not affect the validity or enforceability of the balance if you agree to modify the terms of this Credit Agreement. I understand that remainder of this Credit Agreement. I will remain responsible for all interest accruing during any period of forbearance 8. To the extent permitted by law,you have the right to apply money from any of my and that you will add any 2%fee described in the previous sentence and all interest deposit account(s)with you to pay all or a portion of any amount overdue under this that I do not pay during any forbearance period to the principal balance,as Credit Agreement. I hereby authorize you to obtain from the School all amounts which described in Paragraph D.3. may be owed to me by the School,including any refund due to overpayment,early I. WHOLE LOAN DUE: To the extent permitted by applicable law,I will be in termination of enrollment,or otherwise, default and you have the right to give me notice that the whole outstanding principal 9. If this Credit Agreement is executed by more than one Borrower,each Borrower balance,accrued interest,and all other amounts payable to you under the terms of agrees that any communication between you and any of the Borrowers will be binding on this Credit Agreement,are due and payable at once(subject to any applicable law all of the Borrowers. I intend to be treated as a principal of this Credit Agreement and not which may give me a right to cure my default)if:(1)1 fail to make any monthly as a surety. To the extent I may be treated as a surety,I waive all notices to which I payment to you when due,(2)1 die,(3)1 break any of my other promises in this might otherwise be entitled as such by law,and all suretyship defenses that might be Credit Agreement,(4)any bankruptcy proceeding is begun by or against me,or I available to me(including,without limitation,contribution,subrogation and exoneration). assign any of my assets for the benefit of my creditors,or(5)1 make any false I agree that the Borrower may agree to any forbearance or other modification of the written statement in applying for this loan or any other loan or at any time during the repayment schedule and that such agreement will be binding on me. It shall not be Deferment or Repayment Periods.If I default,I will be required to pay interest on necessary for you to resort to or exhaust your remedies against the Borrower before this loan accruing after default.The interest rate after default will be subject to calling upon me to make repayment. For purposes of this paragraph only,"I"and"me" adjustment in the same manner as before default.Upon default,you may also refer to the Cosigner only. capitalize any interest and fees(i.e.,add accrued and unpaid interest and fees to 10. All dollar amounts stated in this Credit Agreement are in United States dollars. I will the principal balance),and increase the Margin used to compute the Variable Rate make all payments in United States Dollars with no deduction for currency exchange. by two percentage points(20%). 11. If the student Borrower fails to complete the education program paid for with this J. NOTICES: loan,the Cosigner and I are not relieved of any obligation within or pursuant to this Credit Agreement. (W0752132.1)UF.07-08.CSXI.10DC.0207 3 of 12. . I understand and agree that this loan is an education loan and certify in default on a Federal Perkins Loan,a Federal Stafford Loan,a Federally Insured that it will be used only for costs of attendance at the School.I acknowledge Student Loan,a Federal Supplemental Loan for Students(SLS),a Federal PLUS Loan, that the requested loan is subject to the limitations on dischargeability in an Income Contingent Loan,a Federal Consolidation Loan,a Federal Ford Direct Loan, bankruptcy contained in Section 523(a)(8)of the United States Bankruptcy or any other education loan received for attendance at any school. Code because either or both of the following apply:(a)this loan was made By signing this Credit Agreement,to the extent permitted by pursuant to a program funded in whole or in part by The Education Resources applicable law,I hereby ratify,confirm,and acknowledge the Institute,Inc.("TERI"),a non-profit institution,or(b) this is a qualified education loan as defined in the Internal Revenue Code.This means that if,in validity of all prior credit agreements I have signed with the the event of bankruptcy,my other debts are discharged,I will probably still Lender for this loan program.I intend and agree that all such have to pay this loan in full. credit agreements shall be binding on me.The consideration for 13. 1 authorize any school that I may attend to release to you,and any other this affirmation is the new credit extended by the Lender to me persons designated by you,any requested information pertinent to this loan(e.g., enrollment status,prior loan history,and current address). under this Credit Agreement. 14. 1 authorize the Lender,any subsequent holder of this Credit Agreement,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 Credit Agreement 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,and(5) disclose to TERI,the Borrower,and/or the Cosigner either in connection with this transaction or any future transaction all information(including status information and non-public personal information)of the Borrower and/or the Cosigner provided in connection with this Credit Agreement. If in the future I apply for a loan that is guaranteed by TERI and funded by another lender,I also authorize the sharing of application information for this loan(other than information in a consumer report) with the other lender and TERI and the reuse of such information by such new fender and TERI in my new application. 15. Waiver by Lender: You waive(give up)any right to claim a security interest in any property to secure this Credit Agreement. This does not affect any right to offset as a matter of law. 16.If I fax my signature(s)on the first page of this Credit Agreement back to you and keep the copy I signed,I understand that under federal law the fax you receive will be an original of the first page of this Credit Agreement. You and I agree that all copies of this Credit Agreement(including the fax you receive and the copy I retain), taken together,shall constitute a single original agreement. 17. If any Borrower or Cosigner elects to sign electronically an electronic record of this Credit Agreement,then the following will apply as between Lender and such person: (a)Lender will keep a non-modifiable electronic record of this document and provide a copy to me upon request,(b)I can and have downloaded and/or printed a copy of this document for my records or notified the Lender to mail me a copy of this document,and(c)the Lender's electronic record of this document and any printout from that record shall be an original for all purposes,including any lawsuit to collect amounts that I owe. If I physically sign a copy of this document that has been electronically signed by any other Cosigner or Borrower,as between me and the Lender the copy I sign(and any fax of that copy I may send to Lender) will be an original. However,the electronic signature of another party to this Credit Agreement and the Lender's electronic record of this document containing that signature will be as valid against me as an original,physical document that is physically signed by all parties. M. DISCLOSURE NOTICES ALL APPLICANTS: IMPORTANT FEDERAL LAW NOTICE— Important information about procedures for opening a new account: To help the government fight the funding of terrorism and money laundering activities,Federal law requires all financial institutions to obtain,verify,and record information that identifies each person who opens an account What this means for you: When you open an account,we will ask for your name,address, date of birth,and other information that will allow us to identify you.We may also ask to see your driver's license or other identifying documents. N. BORROWER'S CERTIFICATION: 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 Credit Agreement,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 (W0752132.1)UF.07-08.CSXI.IODC.0207 4 of 4 FEDERAL COSIGNER NOTICES For the purposes of these Notices,the words"you"and"your"refer to the Cosigner,not the Lender. NOTICE TO COSIGNER(Traduccion en Inales Se Requiere Por La Lev): You are being asked to guarantee this debt.Think carefully before you do. If the borrower doesn't pay the debt,you will have to. Be sure you can afford to pay if you have to,and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs,which increase this amount. The holder of the loan can collect this debt from you without first trying to collect from the borrower. The holder of the loan can use the same collection methods against you that can be used against the borrower,such as suing you,garnishing your wages,etc.If this debt is ever in default,that fact may become part of your credit record. This notice is not the contract that makes you liable for the debt. AVISO PARA EL MADOR(Spanisb Translation Required by Law): Se le esO pidiendo que garantice esta deuda.Pienselo con cuidado antes de ponerse de acuerdo. Si la persona que ha pedido este prestamo no paga la deuda,usted tendra que pagarla. Este seguro de que usted podra pagar si sea obligado a pagarla y de que usted desea aceptar la responsabilidad. Si la persona que ha pedido el prestamo no paga la deuda,es posible que usted tenga que pagar]a suma total de la deuda,mas los cargos por tardarse en el pago o el costo de cobranza,to cual aumenta el total de esta suma. El acreedor(financiero)puede cobrarle a usted sin,primeramente,tratar de cobrarle al deudor. Los mismos metodos de cobranza que pueden usarse contra el deudor,podran usarse contra usted,tales tomo presentar una demanda en cone,quitar parte de su sueldo,etc. Si alguna vez no se cumpla con la obligation de pagar esta deuda,se puede incluir esa information en la historia de credito de usted. Este aviso no es el contrato mismo en que se le echa a usted la responsibilidad de]a deuda. [W0752132.IIUF.07-08.CSXI.I ODC.0207.FD I POOL SUPPLEMENT UNION FEDERAL SAVINGS BANK This Pool Supplement(the"Supplement") is entered into pursuant to and forms a part of that certain Note Purchase Agreement (the "Agreement") dated as of March 26, 2007, by and between The First Marblehead Corporation and Union Federal Savings Bank (the "Pro ram Lender"). This Supplement is dated as of September 20, 2007. Capitalized terms used in this Supplement without definitions have the meanings set forth in the Agreement. Article l: Purchase and Sale. In consideration of the Minimum Purchase Price set forth below, the Program Lender hereby transfers, sells, sets over and assigns to The National Collegiate Funding LLC (the "Depositor'), upon the terms and conditions set forth in the Agreement (which are incorporated herein by reference with the same force and effect as if set forth in full herein), each UFSB Astrive Conforming Loan described in the attached Schedule 1 (the "Transferred Loans") along with all of the Program Lender's rights under the Guaranty Agreement, and any agreement pursuant to which TERI granted collateral for its obligations under the Guaranty Agreement, relating to the Transferred Loans. The Depositor in turn will sell the Transferred Loans to a 1 Purchaser Trust. The Program Lender hereby transfers and delivers to the Depositor each UFSB Astrive Note evidencing such Transferred Loan and all Origination Records relating thereto, together with any additional information relating to the Transferred Loans heretofore provided by TERI (as origination agent) to the Servicer or FMC in connection with the subject Securitization Transaction. The Depositor hereby purchases said UFSB Astrive Notes on said terms and conditions. Article 2: Price. The amount paid pursuant to this Supplement is the Minimum Purchase Price, as that term is defined in Section 2.04 of the Agreement. Article 3: Representations and Warranties. 3.01. By Program Lender. The Program Lender repeats the representations and warranties contained in Section 5.02 of the Agreement for the benefit of each of the Depositor and the Purchaser Trust and confirms the same are true and correct as of the date hereof with respect to the Agreement and to this Supplement. 3.02. By Depositor. The Depositor hereby represents and warrants to the Program Lender that at the date of execution and delivery of this Supplement by the Depositor: (F0011952.1} i (a) The Depositor is duly organized and validly existing as a limited liability company under the laws of the State of Delaware with the due power and authority to own its properties and to conduct its business as such properties are currently owned and such business is presently conducted, and had at all relevant times,and has,the power,authority and legal right to acquire and own the Transferred Loans. (b) The Depositor is duly qualified to do business and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or Iease of property or the conduct of its business shall require such qualifications. i (c) The Depositor has the power and authority to execute and deliver this Supplement and to carry out its respective terms; the Depositor has the power and authority to purchase the r Transferred Loans and rights relating thereto as provided herein from the Program Lender, and the Depositor has duly authorized such purchase from the Program Lender by all necessary action;and the execution,delivery and performance of this Supplement has been duly authorized by the Depositor by all necessary action on the part of the Depositor. (d) This Supplement, together with the Agreement of which this Supplement forms a part,constitutes a legal, valid and binding obligation of the Depositor,enforceable in accordance J with its terms. 1 S (e) The consummation of the transactions contemplated by the Agreement and this Supplement and the fulfillment of the terms hereof do not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the governing instruments of the Depositor or any indenture, agreement or other instrument to which the Depositor is a party or by which it is bound; or result in the creation or imposition of any lien upon any of its properties pursuant to the terms of any such indenture, agreement or other instrument; or violate any law or any order, rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties. (f) There are no proceedings or investigations pending, or threatened, before any court, regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties: (i) asserting the invalidity of the Agreement or this Supplement, (ii) seeking to prevent the consummation of any of the transactions contemplated by the Agreement or this Supplement, or(iii) seeking any determination or ruling that is likely to materially or adversely affect the performance by the Depositor of its obligations under,or the validity or enforceability of the Agreement or this Supplement. Article 4: Cross Receit?t. The Program Lender hereby acknowledges receipt of the Minimum Purchase Price. The Depositor hereby acknowledges receipt of the Transferred Loans included in the Pool. -2- i i Article 5: Assignment of Origination.Guaranty and Servicing Rights. The Program Lender hereby assigns and sets over to the Depositor any claims it may now or hereafter have under the Guaranty Agreement, the Origination Agreement, and the Servicing Agreement to the extent the same relate to the Transferred Loans described in Schedule 1, other than any right to obtain servicing after the date hereof It is the intent of this provision to vest in the Depositor any claim of the Program Lender relating to defects in origination, guaranty or servicing of the loans purchased hereunder in order to permit the Depositor to assert such claims directly and obviate any need to make the same claims against the Program Lender under this Supplement. The Program Lender also hereby assigns and sets over to the Depositor any claims it may now have or hereafter have to any collateral pledged by TERI to the Program Lender to secure its obligations under the Guaranty Agreement that relates to the Transferred Loans, and Program Lender.hereby releases any security. interest it may have in such collateral. Program Lender hereby authorizes the Depositor, its successors and assigns, to file in any public filing office where a Uniform Commercial Code Filing with respect to collateral pledged by TERI is of record, any partial release or assignment that it deems necessary or appropriate to reflect in the public records the conveyance and assignment effected hereby. [Remainder of page intentionally blank] -3- IN WITNESS WHEREOF, the parties have caused this Supplement to be executed as of the date set forth above. THE FIRST MARBLEHEAD CORPORATION B Y� a A.Foxgrover Senior Vice President L UNION FEDERAL SAVINGS BANK. By: Richard L. Shaw II President and Chief Financial Officer THE NATIONAL COLLEGIATE FUNDING LLC By: GATE Moldings, Inc.,Member By: _ A.Foxgrover Vice President. -4- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t Jody S Smith 2 Chief Deputy .l E i Y 2 PH 2: 5 Richard W Stewart CUMBERLAND COUNT Y Solicitor ' "' s' PENNSYLVANIA National Collegiate Student Loan Trust 2007 -4 vs. Rebecca Wunders (et al.) Case Number 2014 -2985 SHERIFF'S RETURN OF SERVICE 05/20/2014 10:39 AM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Shawn Wheeler, Roommate, who accepted as "Adult Person in Charge" for Rebecca Wunders at 813 Highland Court, Silver Spring, Mechanicsburg, PA 17050. TIM BLA K DEPUTY 05/20/2014 11:05 AM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Shawn Wheeler, Roommate, who accepted as "Adult Person in Charge" for Ryan Mitsui at 813 Highland Court, Silver Spring, Mechanicsubrg, PA 17050. TIM B CK, DEPUTY SHERIFF COST: $66.60 SO ANSWERS, May 21, 2014 RONI4? R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-4 : CIVIL DIVISION Plaintiff vs. REBECCA WUNDERS RYAN MITSUI 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Defendant : NO: 14-2985 fn r - ;,r "' cvlua CO ---4 CD A„. -41 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $6,645.85. Notice of the intent to file a default judgment was served upon the Defendants on June 17, 2014. A copy of the Notices of Intent to Take Default Judgment is attached hereto and marked Exhibit "A.” Edwin A. A bra amsen & . es, Michael F. Ratchford, : squire Attorney I.D. No.: 862 5 Attorney for Plaintiff JUDGMENT AND NOW, this oto day of 4dA , 20N, Judgment is hereby entered in favor of the Plaintiff, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-4 and against the Defendants, REBECCA WUNDERS and RYAN MITSUI in the amount of $6,645.85 for failure to respond to Plaintiff's Complaint. PROTHONO 16,So PAA` '0150 t 3oQ0g8 J. Nio-fice mailed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-4 Plaintiff .• CIVIL DIVISION vs. REBECCA WUNDERS RYAN MITSUI 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Defendant • • : NO: 14-2985 • • • CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: REBECCA WUNDERS AND RYAN MITSUI 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Date: July 25, 2014 Edwin A. Abrahamsen & Associates, P.C. atchford, Es ' uire Attorney I.D. No.: 8628 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 NATIONAL COLLEGIATE STUDENT LOAN . TRUST 2007-4 vs. . In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania . Civil Division REBECCA WUNDERS RYAN'MITSUI 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Defendant . NO: 14-2985 . AFFIDAVIT UNDER SOLDIERS AND SAILORS . RELIEF CIVIL RELIEF ACT OF 1940 AS . AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): REBECCA WUNDERS and RYAN MITSUI is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): REBECCA WUNDERS and RYAN MITSUI is(are) older than eighteen years of age; That the employment status of the defendant(s): REBECCA WUNDERS and RYAN MITSUI is(are) unknown. Michael F. Ratchfor Subscribed before me this day of 20 14 , Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michael C. Sowa, Notary Public City of Scranton, Lackawanna County My Commission Expires Jan. 24, 2018 MENSER. : VINE.: AN:A ASSOCIATION OF NOTARIES 120 N. KEYSER AVE. SCRANTON, PA 18504-9701 (P) 1-800-503-1665 (I') 570-558-5511 RETURN SERVICE REQUESTED THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, PC WWW.EAA-LAW.COM June 19, 2014 REBECCA WUNDERS 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 EDWIN A. AI3RAHAMSEN MICHAEL F. RATCHFORD SCOTT J. BEST Re: NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-4 vs REBECCA WUNDERS & RYAN MITSUI CUMBERLAND County Civil Action No.:14-2985 Our file No.: N1302524/FJR Dear REBECCA WUNDERS : Enclosed, please find the Ten Day Notice of Intent to Take Default in regard to the above - noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Enclosure Edwin A. brahamsen & - ates, Michael F. Ratchfor. Esquire This is a communication from a debt collector in an attempt to collect a debt. Any infonnation will be used for that purpose. 120 N KEYSER AVE SCRANTON, PA 18504 (P) 570.558,5510 {F) 510.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT . LOAN TRUST 2007-4 : CIVIL ACTION Plaintiff : vs. REBECCA WUNDERS : NO: 14-2985 and RYAN MITSUI Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: REBECCA WUNDERS 813 HIGHLAND CT MECI-IANICSBURG PA 17050-1817 Date of Notice: June 19. 2014 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a')(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITI-I THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT I-IAVE 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. TI -IIS 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. MIDPENN LEGAL SERVICES 401 EAST LOUTFIER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-4 : CIVIL ACTION Plaintiff : vs. REBECCA WUNDERS and : NO: 14-2985 RYAN MITSUI Defendant : CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on June 19, 2014 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: REBECCA WUNDERS 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Edwin A. Abrahamsen & Associates, P.C. BY: Mic .el F. Ratchford, Es Attorney I.D. No.: 86285 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 ire 120 N. KEYSER AVE. SCRANTON, PA. 18504-9701 (P) 1-800-503-1665 (F) 570-558-5511 RETURN SERVICE REQUESTED THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, PC WWW.EAA-LAW.COM June 19, 2014 RYAN MITSUI 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 EDWIN A. ABRAHAMSEN MICHAEL F. RATCHFORD SCOTT J. BEST Re: NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-4 vs REBECCA WUNDERS & RYAN MITSUI CUMBERLAND County Civil Action No.:1 4-2985 Our file No.: N1302524/FJR Dear RYAN MITSUI : Enclosed, please find the Ten Day Notice of Intent to Take Default in regard to the above - noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Enclosure Edwin • Ab ahamsen & Asso Michael • ' atchford, Esqu c This is a communication from a debt collector in an attelnpl to collect a debt. Any information will be used for that purpose. 120 N KEYSER AVE SCRANTON, PA 18504 (P) 570.558.5510 (F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-4 : CIVIL ACTION Plaintiff : vs. REBECCA WUNDERS : NO: 14-2985 and RYAN MITSUI Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: RYAN MITSUI 813 HIGHLAND CT MECI-IANICSBURG PA 17050-1817 Date of Notice: June 19. 2014 IMPORTANT NOTICE PURSUANT TO PA. R.C.P. 237.1(a)(21 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TI -IIS 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 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 1-IIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITI-I INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTI-1ER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-4 : CIVIL ACTION Plaintiff : vs. REBECCA WUNDERS and RYAN MITSUI : NO: 14-2985 Defendant : CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on June 19, 2014 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: RYAN MITSUI 813 HIGI-ILAND CT MECHANICSBURG PA 17050-1817 Edwin A. Abrahamsen & Associates. P.C. BY: Micha 1 F. Ratchford, E quire Attorney I.U. No.: 862 120 N Keyser Avenue Scranton, PA 18504 .(570) 558-5510 - Department of Defense Manpower Data Center Stats Report P uant to Servicemem rs Civil. lief Act Last Name: WUNDERS First Name: REBECCA Middle Name: Active Duty Status As Of: Jul -25-2014 Results as of : Jul -25-2014 05:42:42 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA Jr \ ' _ a - -�... No'. NA This response reflects the'indivtdual active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA I. .. 11A\` - '2-'4%. r S dam, `No C' NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date • The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA V NA A. S'�' . -� - },•iNo? ;1 NA This response reflects whether the individual or his/her unit has received a ly notification to'eport for active duty • Upon searching the data banks of the Department of Defense ManpowerData Center,.based'on-the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Array, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 9BF1Q97DKOOBW60 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil. Relief Act Last Name: MITSUI First Name: RYAN Middle Name: Active Duty Status As Of: Jul -25-2014 Results as of : Jul -25-2014 05:42:43 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA '. '+- �� No .. NA This response reflects the individuals active duty status based n the Active Duty Status Date 1 /7 . \ Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA .. .. NA'... - . . .,.::.�-1 '1 \ .r> rNo:." i 1 '1 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA \.. NA N. 1 ' . '� Y. :Nott ,1 NA This response reflects whether the lndividual or his/her unit has recelved a ty notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,.based*on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed_ Sery ices (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: YBX1593DFOOBY70 • NATIONAL COLLEGIATE STUDENT LOAN . TRUST 2007-4 vs. Plaintiff REBECCA WUNDERS RYAN MITSUI 813 HIGHLAND CT MECHANICSBURG PA 17050-1817 Defendant . In the Court of Common Pleas of . CUMBERLAND County, Pennsylvania . Civil Division . NO: 14-2985 NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above -captioned matter s been entered against you in the amount of $ to, (pµ5.85 on 7/c /V If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)