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HomeMy WebLinkAbout14-5868 Supreme CJ ,ennsylvania Con f C i 1' iin 'leas For Prothonotary Use Only: t r . Docket No: CUKN, 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 ❑ Writ of Summons ❑ Petition Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T PNC BANK, NATIONAL ASSOCIATION ANDREW HEMLER Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? El Yes El No O (check one) ®outside arbitration limits N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes E No A Name of Plaintiff/Appellant's Attorney: William T. Molczan, Esquire Check here if you have no attorney(are a Self-Represented (Pro Sel Liti;ant) 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment rl Motor Vehicle ❑x Debt Collection:Other ❑ Board of Elections ❑Nuisance Contract Dept.of Transportation Premises Liability Statutory Appeal:Other S © Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT Asbestos N © Tobacco Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste Other: ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment Ground Rent Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin El Legal ❑ Quiet Title ❑Other: El Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 s WELTMAN,WEINBERG &REIS CO.,L.P.A. ;; jjt AttorneyforPlaintiff(s) BY: William T. Molczan, Esquire ij I.D. No.47437 2315 OCT --3 436 Seventh Avenue, Suite 2500Uj.�L; Pittsburgh, PA 15219 El';r10''�`� �F.', Phone: 412.434.7955 Fax: 412.434.7959 File#20600640 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PNC BANK,NATIONAL ASSOCIATION Plaintiff VS. Civil Action No. ANDREW HEMLER Defendant(s) COMPLAINT AND NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 COMPLAINT 1. Plaintiff is a national banking association having offices at 249 Fifth Ave, Pittsburgh, PA 15222. 2. Defendant, Andrew Hemler, is an adult individual, with a last known address of 116 N. East Street, Carlisle, PA 17013. 3. Plaintiff is the holder of a Contract the terms and conditions of which were agreed to by and between the parties. See attached as Exhibit"1", a copy of the Contract and/or account records. 4. Defendant defaulted under the terms and conditions of the Contract. 5. As a result of Defendant's default, Defendant has a balance due and owing to Plaintiff in the amount of$11,550.95. 6. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the amount due and owing to Plaintiff. WHEREFORE, Plaintiff demands Judgment be entered in it's favor and against Defendant, Andrew Hemler, in the amount of$11,550.95,plus costs. WELTMAN, WEINBERG& REIS, CO., L.P.A. William T. Mo czan, Esq ire I.D.No.47437 436 Seventh Avenue, Suite 2500 Pittsburgh,PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File#20600640 PNC Bank.National Association Undergraduate Alternative Loan Loan Request/Credit Agreement NON-NEGOTIABLE CREDIT AGREEMENT-THIS IS A CONSUMER CREDIT TRANSACTION d h.l.:rr-xt Yrlr:ytss3.'i.t l`cxt c x;ass. 5.2:; L mdci RIC Bans.N A. r 1.Student Borrower's First Name Middle Initial Last Name 2.Date of Birth 3 Social SCl'aril)N,� ANDREW HEMLER = 5039 4.Permanent Mailing Addte.,6 City State Zip 5.YetimMonths'1'li re: 739 BROADWAY,FL 2 HANOVER PA 17331 Yr.3 Mos.1 1'reviousAddress(if less than 12months atahmi:address) City State Zip 7.Years;MoruhsThcre Yr. Mos, i'wrtc (717)465-8423 9•Citizenship 10.Driver's License State and �b,, Il.F,.flAdd.s 't:'ra°.atc' U.S.Citizen PA ki@9mail.com 'academic Loan Period 13.Expected Grad.Dale: 14.knrollment 15 Grade Level Spnng 2008/09 1 Mon.05 Yr. 2010 Full-time(half-time or greater) 1st Year Undergraduate axne.of College or School you will attend: 17.8 digit School Code for the college18.AMOUNT REQUESTED. The lesser of $8,232.00 or A,'EER INSTITUTE listed in c 16: 02127400 the amount certified by the school. 'flame of Employer 20.Employer's Address City State Zip �LtILE COM INC. 1155 CARLISLE ST HANOVER PA 17331 Current Position 23.Yearstvinnths'lhert: 23,Eimployrrgnt 24.Bus,Phone 25.length at Previous Employer: kLIESiPERSON Yr 2 Mos.B Salaried;Hourly Yr. Mos. Brox Annual Income 27,Have you resided in the United States for 28.Repayment Option :42 OIlO.OD the past two(2)years? Y fu11 Deferral MiR'1'ANT:Alimony,child support,or separate maintenance 29.Other Gross Am1an1 30.Source of Other Gross Annual 31.Alimony/Child Support ,-=rs do not havee to be revealed if you do not wish to have Income Income Payment(annually)Received .s t,5nWemd as a hasis for repaying this obligation SECTION 11.Student Borro%%er Reference '2.Nearest Relative or Friend Not Living With You Middle butial ll-astNaukv I1ume Phone�7 t Name LINDA CHRIS MER Bus.Phone "tract Address City State lip M AVE GETTYSBURG PA 17325 SFCTION III Co-signer Information Must meet State.%ge Requirements set forth in Paragraph N. `4.Co-siener's I isst Nansc 410,11c lottial ll.aslNinw 35.Date of Birth 36.5orwl Security No. ' Pwrument Address City State Zip A.Home Phone Years/Months There: 40.Citizenship 41.Driver's License State and Number 42.Have you resided in the United States for the past two(2)years''? Yi. Mos. Previous Address(if less than 12 months at above address) City State Zip 44.Years•Moriths There Yr. Mos. "game of Employer dG.Employer's Address City State Zip Currcrxl Position S.YeanfMonths There: 49.Employment 50.Business Phone 15 1.Length at Previous Employer: 52.Gross Annual Income Yr. Mos. Yr. Mos. Psi}RTANT:Alimony,child support,or separate maintenance 53.Other Gross AnntWl Sd.Source of Other Gross Annual 55.Allmony,Child Support C:�WCs do not have to be revealed if you do not wish to have income btcome Payment(annually)Received m ccinsidered as a basis for repaying this obligation. Co--,iLner Reference IMust be different than the Studem BuninNcr's reference) -6.Nearest Relative or Friend Not living With You Middle Initial Last Name Home Phone I Name Bus.Phone 7.StR:et Address City State Zip EXHIBIT 000742W6013 2PHDVY 1 Student Borrower SSN5099 Co-signer SSN SEC VIONT V. Student Borroiicr',,pand Co-signer's Income Verification NI.,A;r�:Vi n;thi;sminn on the attached"Loan Request/Credit Agreement Student l3orroxwr and Co-sig er Instruction"form. r)isclosure Statennent:To the ticst ofniy knowledge everything provided cin this tbmi is lose and complete. I wahorirr the I..ender and Perinsylvarlia Higher Education Assismilec Apn icy ("PHEAA"),and'or my school to uac soy information on this Loran RequtesVOcdit Agncenient("t:redit Agreement-)for obtaining my address, I hemby vo thorira the Lender,M WAA artd their agenLS,subseriuent holders,and the guarantor to disclose,dlscuts and make inquuies regarding any information rotating to this Credit Agmemern and the loan based upon this Credit Agr-n7etm wherie,er the disclosure of the information is necessary for the processing of thin,Credit Agruermilt or tlx:servicing,timster,or collection of the loan. 'Ibc mfortnation about my Credit Agreerent and illy loan accotuu may be furnished anti shared during the life of dw Town with subsequent holders of die loan,co-sigliers,contractors and agents who assist the Lender, PHI AA,or their respective subsidiaries and affiliates.ctedil bureaus,patents or relatives listed on the Loan Request/Credit Agmeinent,guarantor or federal or state agencies at private parties who may be able to Prov idc infamtation necessary filo the processing of my Credit Apreement or to assist in the urvicing:or collection ofthie Inul,and ether who require the l,eadcr or PHE AA to verify the condition and existence of my loan A copy of thiw audlorfxaticm mm'be&-cored to be an original, 1 understand that the proc=cls from this loan are to he itserl for cdocational expenses only. By my sign.tttae.I certify that I have lead,understand and agree to We terms ufand undertake the obligations stat Guth on all eleven(1 f')pages of this Credit AgrecmerL I tmdc starld that any reran who knowingly makes a fwlu stakritent or mistnprcscmtatiou on this form is subject to penalties,wNch may include Encs ler imprisonment This C'r'edit Agreement ami ally related notices that require signature,I imend:(i)my electronic signature to be an electronic signature under applicable federal and state low,(ii)any printout of Lender's electronic record of this Credit Agreement and related notice,to be an original document.(iii)to conduct bariness with the Leader by electronic records and elecuor»c signalizes.and(iv)that this Credit Apretatent will not be governed by Article 3 ofthe Uniform Commercial Celle,arid my obligations under this Credit Alumnieni will riot be stbjelj to,bill arty Imrtsfcr of my obligations will be subject to,Article 9 of the Uniform Commercial Cock. CAUTION--IT IS IMPORTANT I.I'IAT YOU THOROUGHLY READ TIM CREDIT AGREEMENT BEFORE:YOU SIGN IT'. NOTICE TO CUSTOMER: (a) DO NOT SIGN TIIIS CREDIT AGREEMENT BEFORE YOU READ TiIE;WRITING ON THE FOLLOWING PAGES,EVEN IF OTHERWISE ADVISE]). (h) DO NOT SIGN TMS CREDIT AGREEMENT IF ITCONTAINS ANY BLANK.SPACES. (e) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (d) YOU ILAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE UNDER THIS CREDIT AGREEMENT. 1200802041741513758746746 02/04/2009 Student Burrower Signature Date FOR OBLIGORS CO-SIC NING IN WESTVIRGINIA: NOTICE TO CO-SIGNER You are being asked to guarantee this debt, Think carefully before you do. If the Student Borrower doesn't pay the debt,you will have to. Be sure you can alislrd to pay it ifyou have€o,and that you want to accept this responsibility.You may have to pay up to the full amount of the debt if the Student Borrower does not pay. You may;also have to pay late fees or collection costs. increase this arnount.The creditor can collect this debt from you without first trying to collect from the Student,Borrower. The Creditor can use the same Collection methods against you that can be used against the Student Borrower,such as suing you,garnishing your wages,etc. l l'this debt is even in default.that fact may becorne a part of your credit record-This notice is riot the contract that maks you liable for the debt, I have received and read the Notice to Cosigner- Co•signar signature Date BV SIGNING TEAS CREDIT AGREE:4IE;NT BELOW,I C'ERT'IFY THAT I INTEN D'f0(i)APPLY FOR.101 NT CREDIT AND (ii)BE JOINTLY LIABLE WITH THE S UDEW-1-BORROWER FOR THIS LOAN -:e+-sat ntr,- rature Ui1e 000742WB0132fHt7VY PNC Bank,National Association Undergraduate Alternative Loan LOAN RF:QIJEST/CREDIT AGREEMENT STUDENT BORROWER&CO-SIGNER INST RIX-1IONS Mail Completed Credit Agreement to: I'IiEAA P.O.Box 2165 Harrisburg,PA 17105-2165 IF YOU HAVE ANY QUESTIONS REGARDING THIS CREDIT AGREEMENT OR REQUIR E ASSISTANCE IN COMPLETING THE CREDIT AGREEMENT PLEASE CALL 1-8011-421-481.7 SECTIOV Student Borrower Information • Please review all of(lie pre-printed information. If you Find any incorrect infornratlnn,please correct lite information and inilial the change(s). Please note that eertain changes may cause the Credit Agreement to become invalid,requiring anew applic:dion to he completed. • If the Student Borrower is a permanent resident alien,the Student lkirrower nest provide a current Resident Alien Card, Form 1-551(i.e..Green Card)showing that the Student Iturrower is a permanent resident alien of the United States. • If this loan is for a Continuing Education Loan,Student Borrower needs go provide some proof of school enrollment,such as a current tuition bill,acceptance letter verifying enrollment,and;or current class/registration schedule(hut shows the Sludeui Itorrower's name,School name,Academic period that matches the period nn the Credit Agreement,and ifenrollntcen is less than half-time. • Irthis loan is fora health Proressions Residency Loan,Student Borrower needs(o provide some proof of residences,such as u Residency Acceptance Letter. ',[CTIONII Student Borrower Reference • ['lease review all of Ilie pre-printed information. Iryou rind any incorrect information,please correct the in Innnatinn and initial lite change(s). Please tinge that certain changes may cause the Credit Agreement to become Invalid,requiring n new application to be completed. • Please review all of the pre-printed information. If you rind any incorrect information,please correct the information and hritial the ehangc(s} Please note that certain changes may causr the Credit Agreement to become invalid,requiring a new application to be completed. • If the Co-signer is it perm:ment resident alien,the Co-signer must provide it current Resident Alien Card.Form 1-5511(i.e., Green Card)showing that the Co-signer is a permanent resident alien of the United States. • Please review all of the pre-printed tuforrnalion. If you rind any incorrect information.please correct the information and initial the rhange(s)- Please note that certain changes may cause the Credit Agreement to become invalid,requiring a new application to he completed, - , • 'Wage Earners:Provide oneof file following documents: L t.egihle copy of the Applicant's current paystub that shows the folbwing: Dated within the last fro datvs Employer Name • Employee Name • War-lo-Date earnings 2. Signed tetter from the Applicant's employer that shows the following, • Dated within the last 60 days • Employer Name and letteriacad • Employee Name • Year-to-date earning or annual salary • Employer's hire date • Self-cmnloved individuals:Provide the Applicant's complete federal tax returns(1040's)for the last two years,including all schedules and signatores.(or IRS receipt confirmation for electronically riled returns). • Retired individuals:Provide the Applicant's pension statement(1099)or Social Security Statement(1099)for the last year or a current year award letter showing pension or retirement income. • In ividuals relving on ulimonv or child sunnorf u n meats to repay Ihts loan:Provide a complete copy of the divorce decree and it signed copy of the Applicant's federal i tax return(1040's)for(he past two years. 3 SECTION Student Borrower and Co-signer: Before signing this Loan Request/Credit Agreement,read the entire document,including the Federal law notice for all applicants set forth prior to.Paragraph A. 'Then,read and sign and date where indicated. 4 disbursement.I will give you a written cancellation notice within ten(10) -- – — days after I receive the Disclosure Statement. I understand that ALL APPLICANTS: cancellation of any disbursement will cancel any future disbursements bill IMPORTANT FEDERAL. LAW NOTICE— will not cancel any previous disbursements. If loan proceeds have been disbursed,I agree that I wit immediately return the canceled disbursement Important information about procedures for opening a to you,will not endorse any check that disburses the loan proceeds to be w account: canceled,and will instruct the School to return the canceled disbursement newTo the government fight the funding of terrorism to you. If I give notice of cancellation but de o no,cause the return of the, disbursement as stated above,the disbursement will not be canceled and and money laundering activities,Federal law requires all twill be in default ofthis Credit Agreement financial institutions to obtain,verity,and record information that identifies each person who open,an C. DEFINITIONS: account. 1. 'Disbursement Date' means the date or dates on which you lend What this means for you: money to me in consideration for my Credit Agreement and will be the open When you o an account,we will ask for doe($)shown on any loan check you prepare or the date(,$)you initiate Y P any electronic funds transfer. your name, address,date of birth, and other 2.The'Deferment Period"will begin on the first Disbursement Date and information that will allow us to identify you. end on the Deferment End Date. We may also ask to see your driver's license 3 "Deferment End Date" means the date specified below for the or other identifying documents- applicable loan program(the applicable ban program is stated on the first fY g page of this Credit Agreement). (a) Undergraduate Alternative Loan Program: If I have elected the "Immediate Repayment"option(the applicable repayment option is stated In this Credit Agreement, the words "I `me my", and on the first page of this Credit Agreement),there is no Deferment Period, mine' mean the person(s) who signed this Credit and my first payment will be 30.60 days after the final disbursement of my Agreement as Student Borrower and Co-signer.The words loan. If I have elected the"Interest Only'repayment option(the applicable "you", "your", "yours and "Lender' mean PNC Bank, repayment option is stated on the first page or this Credit Agreement), National Association, its successors and assigns, and any then interest payments will begin 30-60 days after the first disbursement of my loan, the "Deferment End Date- will be the date the Student other holder of this Credit Agreement. "School"means the Borrower first graduates or ceases to be enrolled at least half-time in the school named at the top of the first page of this Credit School(or another school participating in this loan program),and principal Agreement. The"serviced means the Lender or any entity and interest payments will begin 3060 days after that date.In any event. it designates to service my loan. Borrower, unless it I have elected the"Interest Only'repayment option:the Deferment End Otherwise noted, includes Student Borrower and the Co- Date will be no more than 5 years after the first Disbursement Date.if t have elected the "Full Deferral" repayment option (the applicable signer. repayment option is slated on the first page of this Credit Agreement), then the"Deferment End Date"will be 180 days after the date the Student A. PROMISE TO PAY: I promise to pay to you the principal sum of the Borrower first graduates or ceases to be enrolled at least half-time in the I can Amount Requested shown on the first page of this Credit School (or another school participating in this Loan Program). In any Agreement,to the extent it is advanced to me or paid on my behalf,and event, it I have elected the "Full Deferral' repayment option. the any Loan Origination Fee added to my loan(see Paragraph F)(together, Deferment End Date will be no mare than 5!. years after the first the 'Principal Sump, interest on such Principal Sum, interest on any Disbursement Date.For Student Borrowers who elect the"Interest Only" unpaid interest added to the Principai Sum and late fees(see Paragraph or "Full Deferral" repayment options, joint and serial (associates to E.6). I agree that my obligations and those of any other person signing bachelors) degree recipients may continue in school deferment white this Credit Agreement are joint and several. completing their second degree,up to the 5-year or 5 Y,-year maximum. Regardless of the repayment option I elect and after the Deferment End Date,this loan may be eligible upon written request for deferment periods B. IMPORTANT—READ THIS CAREFULLY: of up to five(5)years total{Additional Defermentl as long as the Student 1.when you receive my signed Credit Agreement,you are not agreeing to Borrower is enrolled at least half-time to complete an undergraduate or lend me money.If you decide to make a loan to me,you will electronically graduate degree(at a school participating in this loan program)or begins transfer the loan funds to the School for me,mail a loan check to the a medical internship or residency program The servicer may treat any :school for me.or mail a ban check directly to me.You have the right to notice of a revised graduation date of of new enrolment as my written not make a loan or to lend an amount less than the loan Amount request for Additional Deferment. You will capitalize(see Paragraph 0.3) Requested, i agree to accept an amount less than Die Loan Amount accrued and unpaid interest as of the end of each deferment period. All Requested and to repay that portion of the Loan Amount Requested that such capitalized interest shall be repaid with the principal balance. you actually lend to me along with interest and all other artiounts I owe (b)Graefuate professional Education f.oanFf�ranr:It I hire elected (see Paragraph A).You have the right to disburse my loan through an the"Immediate Repayment-option (the applicable repayment option is agent.At your option,you may also make any loan check cc payable to slated on the first page of this Credit Agreement),there is no Deferment me and the Co-signer,or to me and the school. Period, and my first payment will be 30-60 days after the final 2. HOW I AGREE TO THE TERMS of THIS LOAN. By signing this disbursement of my loan. If I have elected the'Interest Only"repayment Credo.Agreement,and submitting it to the I ender,I am requesting trial option(the applicable repayment option is stated on the first page or this you make this loan to me in an amount equal to the Loan Amount Credit Agreement),then interest payments will begin 3060 days after the Requested plus any Loan Origination Fee described in Paragraph F of this first disbursement of my loan,the"Deferment End Date"will be the date Credit Agreement. If you approve this request and agree to make this the Student Borrower first graduates or ceases to be enrolled at(east half- loan, you will notify me in writing and provide me with a Disclosure time in the School(or another school participating in this loan program), Statement,as required by iaw. The Disclosure Statement is incorporated and principal and interest payments wit.begin 30-60 days after that date. herein by reference and made a part hereof. The Disclosure Statement In any event,if I have elected the'Interest Only`repayment option,the will toll me the amount of the loan that you have approved,the amount of Deferment End Date will be no more than 4 years after the first the Loan Origination Fee.and other important information. I will let you Disbursement Date: provided, however that if the Student Borrower know that I agree to the terms of the loan as set forth in this Credit begins a medical residency or internship during the Deferment.Period, Agreement and in each Disclosure Statement by doing either of the then the Deferment Period will end the day the residency or internship following: (a)endorsing or depositing the check that disburses the loan ends,but no more than 8 years after the first Disbursement Date, If I have proceeds:of(b)allowing the loan proceeds to be used by or on behalf of elected the "Full Deferral'repayment option(the applicable repayment the Siuderit.Dorrower without objection. Upon receipt of each Disclosure option is stated on the first page of this Credit Agreement), then the Statement,I will review it and notify you in writing if I have any questions. "Deferment End Date"will be 180 days after the Student Borrower It I am not satisfied with the terms of my loan as disclosed in any graduates or ceases for any other reason to be enrolled at least half-time Disclosure Statement, i may cancel the disbursement. To cancel any in the School(ot another school participating in this Loan Program):but no more than 4'/: years after the first Disbursement Date: provided. 0. INTEREST: however, that it the Student Borrower begins a medical residency or 1. Accrual—Beginning on the first Disbursement Date,interest will be intemship during the Deferment Period. then the Deferment Period will *,alculated at the Variable Rate(see Paragraph D.2)and charged on the end 180 days after the day the residency or internship ends,but no more Principal Sum, and on any unpaid interest later added to the Principal than 8%years after the first Disbursement Date. Sum according to Paragraph D.3.During the Repayment Period,interest (c) Health Professions Education Loan Program:It I have elected the will be calculated at the Variable Rate and charged on the'Principal Sum' "Immediate Repayment"option(the applicable repayment option is stated of this Credit Agreement until all amounts are paid in full.Interest will be on the first page of this Credit Agreernent),there is no Deferment Period, calculated on a daily simple interest basis. The dairy interest rate will be and my first payment will be 30.60 days after the final disbursement o(my equal to the annual interest rate in effect on that day,divided by the loan. if I have elected the"interest Only'repayment option(the applicable number of days in that calendar year. repayment option is stated on the first page of this Credit Agreement), 2.Variable Rate-The'Variable Rate"is equal to Bre Current Index plus a then interest payments will begin 30-60 days after the first disbursement Margin. The Margins for both the Deferment Period and the Repayment of my Ivan, the `Deferment End Date" will be the date the Student Period are shown on the first page of this Credit Agreement.In no event Borrower first graduates or ceases to be enrolled at least half-time in the will the interest and other charges assessed under this Credit Agreement School(or another school participating in this loan program),and principal exceed the maximum rate allowed by the laws of the State of and interest payments will begin 30.60 days after that date.in any event, Pennsylvania.The Variable Rate will change quarterly on the first day of 6 1 have elected the°Interest Only'repayment option,the Deferment End each January, April, July and October (the 'Change Dates)") if the Date will be no more than 6 years after the first Disbursement Date; Current Index changes. The "Current Index"for any calendar quarter provided, however that if the Student Borrower begins a medical beginning on a Change Date(or for any shorter period beginning on any residency or internship during the Deferment Period,then the Deferment Disbursement Date and ending on the last day of a calendar quarter)is Period will end the day the residency or internship ends,but no more than based on the one-month London Interbank Offered Rate ('LIBOR`) as 10 years after the first Disbursement Date. if i have elected the`Pull published in the Money Rates" section of The Wall Street Journal Deferral"repayment option(the applicable repayment option is stated on (Eastern Edition).The index for each calendar quarter(or for any shorter the first page of this Credit Agreement),then the Deferment End Date will period beginning on a Disbursement Date and ending on the last day of a be 270 days alter the Student Borrower graduates or ceases for any other calendar quarter)will equal the average of the LIBOR rates published on reason to be enrolled at least half-time in the School(or another school the first business day of each of the three (3) immediately preceding participating in this Loan Program),but no more than 6'/.years after the calendar months, rounded to the nearest one-hundredth of one percent first Disbursement Dale;provided,however,that 0 the Student Borrower (0.01°k,), if The Wap Stroet Journal(Eastern Edition)is not published or begins a medical residency or internship during the Deferment Period, the Current Index is not given on any of these dates,then the Current then the Deferment Period will end 270 days after the day the residency or Index will be determined by using the immediately preceding published internship ends.but no more than 10'/.years after the first Disbursement Current Index.If the Current index is no longer available,you will choose Date. a comparable index for such date. (d) Residency Loan Program: If I have elected the "Immediate 3,Capitalization—If i have elected the'Full Deferral"repayment option,I RepaymenP option(the applicable repayment option is stated on the first Understand that you will add all accrued and unpaid interest to the page of this Credit Agreement),there is no Deferment Period,and my first principal balance of my loan('capitalize interest",as of the last day of the payment will be 30-60 days after the final disbursement of my loan. It I Deferment Period. in addition, if my ban will be disbursed in multiple have elected the "interest Only" repayment option (the applicable disbursements and if I have elected the'Immediate Repayment"option. repayment option is stated on the first page of this Credit Agreement), you will capitalize interest that accrues between the first disbursement of then interest payments will begin 30.60 days atter the first disbursement my loan and the final disbursement of my loan. I understand that of my loan, the "Deferment End Date" will be the date the Student regardless of the repayment option I elect,you will capitalize interest at Borrower first graduates or ceases to be enrolled at least half-time in the the end of any lorbearance period(see Paragraph H). Capitalized Interest School(or another school participating in this loan program),and principal will be treated as principal,which means that the sum of interest you and interest payments will begin 30-60 days after that date.In any event, capitalize plus the then-outstanding "Principal Sum- is thereafter d I have elected the"Interest Only'repayment option,the Deferment End considered the "Principal Sum", and interest will accrue on the new Date will be no more than 4 years after the first Disbursement Date. If I principal Sum.' have elected the 'full Deferral' repayment option (the applicable repayment option is stated on the first page of this Credit Agreement). E, TERMS OF REPAYMENT: then the Deferment End Date will be 270 days after the Student Borrower ceases for any reason to be enrolled in a medical residency or internship, i.Deferment Period—If I have elected either the"Interest Only"repayment but no more than 4Y/years after the Disbursement Date. option or the full Deferral"repayment option(the applicable repayment (e) Continuing Education Loan Program: If I have elected the option is stated on the first page of this Credit Agreement),you may,or,if 'Immediate Repayment'option(the applicable repayment option Is stated required by applicable law: will send statements during the Deferment on the first page of this Credit Agreement),there is no Deferment Period, Period(showing the total outstanding principal balance of my loan and the and my first payment will be 30-60 days after the final disbursement of my interest that has accrued on my loan). You reserve the right to send loan. If 1 have elected the-Interest Only"repayment option(the applicable statements of notices to the Student Borrower andior the Co-signer. repayment option is stated on the first page of this Credit Agreement), Statements will be sent to the address shown on your records. If I have then interest payments will begin 30-60 days after the first disbursement elected the"Interest Only"repayment option,i agree to make payments of my loan, the "deferment End Date" will be the date the Student each month during the Deferment Period equal to the accrued interest on Borrower first graduates or ceases to be enrolled In the School(or another the"Principal Sum"of this Credit Agreement. if I have elected the'Full school participating in this loan program), and principal and interest Deferral"repayment option I may.but am not required to make payments payments will begin 30-60 days after that date. In any event, it I have during the Deferment Period.You will add any interest that I do not pay elected the"interest Only`repayment option:.,the Deferment End Date will during the Deferment Period to the 'Principal Sum,' as described in be no more than 2 years alter the first Disbursement Date. if I have Paragraph D.3. elected the'Full Deferral'repayment option (the applicable repayment 2.Repayment Period—The amount of my monthly payment("Monthly option is stated on the first page of this Credit Agreement), then the Payment Amounl')will be established based on the rules in this Credit Deferment End Date wit be 180 days after the Student Borrower Agreement when my Repayment Period begins. During the Repayment graduates of earns a certificate,or 180 days after the Student Borrower Period, you will send me monthly statements that show the frtonthiy ceases for any reason to be enrolled at the school.but no more than 2 Payment Amount and the payment due dates,and I will pay the Monthly years after the Disbursemenl.Date, Payment Amount shown on my monthly statement,which amount will in 4.The'Repayment Period"begins the day after the Deferment Period no event be less than$25 or the unpaid balance, whichever is less. I ends.if there is no Deferment Period for my loan,the Repayment Period understand that the Monthly Payment Amount is due each month.I may will begin when my loan is fully disbursed.The Repayment Period is 20 pay more than my Monthly Payment Amount at any time without penalty years(25 years for loans with a Principal Sum of$40,000 Of more)unless or charge. if my loan is in paid-ahead status, I may, but will not be monthly payments equal to the minimum monthly payment amount(see required to make monthly payments. `Paid-ahead status" means that Paragraph E.2)will repay,all amounts owed in less than 20 years,in which amounts have been paid in addition to the Monthly Payment Amount case the Repayment Period will be the number of months necessary to currently due to partially of fully satisfy a monthly payment which is not yet pay in full the amount I owe at the minimum payment. Additional due You reserve the right to send monthly statements to the Student Deferment(see Paragraph C(3)(a))will not extend the Repayment Period. Borrower and/or the Co-signer. Even if I do not receive monthly 6 statements:i will make consecutive monthly payments in amounts at least before default.Upon default,you may also capitalize any interest and fees equal to the Monthly Payment Amount by the applicable payment due {i.a.,add accrued and unpaid interest and fees to the principal balance), dates until I have pad all of the principal and interest and all other charges and increase the Margin used to compute the Variable Rate by two I may owe under this Credit Agreement percentage points(2%). 3. Repayment Terms—My Monthly Payment Amount will be calculated J. NOTICES: as of the day the Repayment Period begins('Repayment Date').It will be 1, 1 will send written notice to you,any subsequent holder of this Credit recalculated(a)once each year prior to tine anniversary of the Repayment Agreement, and the servicer within ten days after any change in name, Date, (b) if the Variable Rate changes betwcen anniversaries of IN address. or enrollment status (for example. If the Student Borrower Repayment Date to the extent that the Monthly Payment Amount would withdraws from the School or transfers to another school participating in riot pay in full:the accrued monthly interest on my loan,(c)following any this loan program), subsequent deferment or forbearance period or(d)fallowing any request 2. Any notice required to be given to me by you will be effective when by the Student Borrower to the servicer to change the monthly payment mailed by first class matt to the latest address you have for me.Unless due date(each of which events is a new"Repayment Date).As of any requIT. d by applicable law,you need not give a separate notice to the Co Repayment Date:my Monthly Payment Amount will be recalculated.My signer. new Monthly Payment Amount will be disclosed to me by the servicer.My K. INFORMATION: Monthly Payment Amount will be calculated as of each Repayment Dale 1. 1 must update the information I provided to you whenever you ask me to equal the amount necessary to pay in full,over the number at months to do so, remaining in the Repayment Period,the amount I owe in equal monthly 2 1 authorize you from time to time to request and receive from Others installments of principal and interest at the Variable Rate in effect at the credit related information about me(and about my spouse if I live in a time of the calculation.i understand that this may result in a reduction or community property state), increase in my monthly payment as calculated as of each Repayment 3, CREDIT BUREAU REPORTING Date. I understand that during the Repayment Period (and, if I have I understand that the reporting of information about my account In credit elected the`Interest Only"repayment option,during the period of interest bureaus may adversely affect my credit rating and my ability to obtain payments) the servicer may change the monthly payment due date of other credit. You may also provide the School with certain personally- future payments to a later date for the convenience of the servicer in identifiable information about me(such as my Social Security Number and processing payments or in order to coordinate the due dates of all of my my Loan ID number)and report the status of my loan and my payment loans processed by the servicer, history, including information about a late payment,missed payment Or 4 Amounts Owing at the End of the Repayment Period—Since;interest other defaults,to the School and others in accordance with applicable taw. accrues daily upon the unpaid principal balance of my loan,if I make payments after my payment due dates.I may owe principal and interest. You may report information about my account to credit bureaus. If I have not paid my late fees,I will also owe additional amounts for those Late payments, missed payments,or other defaults in my account late fees.in such cases you will increase the amount of my last monthly may be reflected in my credit report. payment to the amount necessary to repay my loan in full, 5.Payments Payments will be applied first to late,tees,other fees and charges,accrued interest:and the remainder to principal. L. ADDITIONAL AGREEMENTS: 6.Other Charges•if any part of a monthly payment remains unpaid for a 1. 1 understand that you are located in Pennsylvania and that this Credit period of more than 15 days after the payment due date,I will pay a late Agreement will be entered into in the same state.CONSEQUENTLY,THE fee not exceeding 55.00 or 5% of the overdue payment amount, PROVISIONS OF THIS CREDIT AGREEMENT WILL BE GOVERNED BY whichever is less.TO the extent permitted by law,t agree to pay you all FEDERAL LAW AND THE LAWS OF THE STATE OF PENNSYLVANIA, amounts you incur in enforcing the terms of this Credit Agreement, WITHOUT REGARD TO CONFLICT OF LAIN RULES. including your reasonable collection agency costs, attorneys'fees and 2. The proceeds of this loan will be used only for my educational court casts. expenses at the School, The Co-signer will 1101 receive any of the!call F. LOAN ORIGINATION FEE:I will pay you a Loan Origination Fee at proceeds the time my loan is disbursed. The dollar amount of any Loan Origination 3. Except as disclosed in section M,my responsibility for paying the loan Fee will be determined by multiplying file Principal Sum times the Loan evidenced by this Credit Agreement is unaffected by the liability of any Orig.nation Fee Percentage shown ori the first page of this Credit other person to me or by your failure to notify me that a required payment Agreernent. The percentage would be higher if computed only on the has riot been made.Without losing any of your rights under this Credit amount advanced fattier than ore the entire Principal Sum (Loan Agreement you may accept(a)late payments,(b)partial payments or(c) Origination Fee plus the loan amount advanced). For example,a nominal payments marked'paid in full"or with other restrictions.You may delay. Loan Origination Fee Of 6.5%on the entire principal amount would equal fail to exercise,or waive any of your rights On any occasion without losing 6.9519",of the amount advanced. The Loan Origination Fee I will paywill your entitlement to exercise the right at any future firne.or or:.any future be shown on my Disclosure Statement and included with the Principal occasion.You will not be obligated to make any demand upon me,send Sum. To the extent permitted by law, and unless I fimey cancel a me any notice,present this Credit Agreement tome for payment or make disbursement(see Paragraph B.2).I will not be entitled to a refund of any protest of non-payment to me before suing to collect on this Credit Loan Origination Fee relating to that disbursement. Agreement if I am in default.and to the extent permitted by applicable law. G. RIGHT TO PREPAY: I have the right to prepay a!I Or any part of my i hereby waive any right I might otherwise have to require such actions.I loan at any time without penalty. WILL NOT SEND YOU PAYMENTS MARKED "PAID IN FULL H. FORBEARANCE: If I am unable t0 repay my loan in accordance with "WITHOUT RECOURSE' OR WITH OTHER SIMILAR LANGUAGE the terns established under this Credit Agreement because of a hardship UNLESS THOSE PAYMENTS ARE MARKED FOR SPECIAL.HANDLING such as financial or medical difficulty,1 may request that you modify these AND SENT TO THE ADDRESS IDENTIFIED FOR SUCH PAYM_NTS terms, I understand that such modification would be at your option. I ON MY BILLING STATEMENT,OR TO SUCH OTHER ADDRESS AS understand that I will:.remain resprxrsible for all interest accruing during MAY BE GIVEN IN THE FUTURE. any period of forbearance and that you will add any interest that I d0 not 4. 1 may not assign this Credit Agreement or any of its benefits or pay during any forbearance period to the principal balance:as described obligations.You may assign this Credit Agreement at any time. in Paragraph 0.3. 5.The teens and conditions set forth in this Credit Agreement and the I. WHOLE LOAN DUE: To the extent permitted by applicable law:I will Disclosure Statement constitute the entire agreement between you and be in default and you have the right to give me notice that the whole me. outstanding principal balance, accrued interest, and all other amounts 6. If any provision of this Credit Agreement is held invalid or payable to you under the terms of this Credit Agreement, are due and unenforceable.that provision shall be considered Omitted from this Credit payable at once(subject to any applicable law which may give me a right Agreement without affecting the validity or enforceability Of the remainder to cure my default)if.(1)t fail to make any monthly payment to you when of this Credit Agreement. due. (2)1 die, (3) 1 break any of my other promises in this Credit 7. A provision of this Credit Agreement may only be modified if jointly Agreement,(4)any bankruptcy proceeding is begun by or against me,or I agreed upon in writing by you and me.Any modification will not affect the assign any of my assets for the beneffit of my creditors,or(5)1 make any validity or enforceability of the remainder of this Credit Agreement. false written statement in applying for this loan or any other loan or at any 8. To the extent permitted by law,you have the right to apply money from time during the Deferment or Repayment Periods. if I default,I will be any of my deposit accounts)with you to pay all or a portion Of any required to pay interest on this loan accruing after default. The interest amount overdue under this Credit Agreement. 1 hereby authorize you to rate after default will be subject to adjustment in the same manner as obtain from the School all amounts which may be owed to me by the 7 School. including any refund due to overpayment, early termination of M. DISCLOSURE NOTICES enrollment.or otherwise. IF t CONSULTED THE SCHOOLS FINANCIAL AID OFFICE IN 9. If tits Credit Agreement is executed by more than one person.each of CONNECTION WITH OBTAINING A LOAN TO FINANCE HIGHER us agrees that(i)it may be executed in multiple counterparts(copies), EDUCATION EXPENSES, THE SCHOOL INFORMED ME OF ALL each of which shall be deemed an original,but all of which together shall AVAILABLE FINANCING OPTIONS UNDER TITLE IV OF THE constitute one and the same document, and (li) any communication FEDERAL HIGHER. EDUCATION ACT OF 4965, AS AMENDED, between you and any of us will be binding on all of us. INCLUDING INFORMATION ON ANY TERMS AND CONDITIONS OF 10. For purposes of this paragraph only,"t'and'me'refer to the Co- AVAILABLE LOANS UNDER SUCH TITLE THAT ARE MORE signer only. I intend to be treated as a principal of this Credit Agreement FAVORABLE TO ME, and not as a surety. To the extent I may be treated as a surety,I waive all notices to which I might olherwise be entitled as such by law,and all NOTICE suretyship defenses that might be available to me (including, without ANY HOLDER OF THIS CREDIT AGREEMENT IS SUBJECT TO ALL limitation, contribution,subrogation and exoneration). I agree that the CLAIMS AND DEFENSE,,WHICH I COULD ASSERT AGAINST THE Student Borrower may agree to any forbearance or other modification of SCHOOL FOR THE SERVICES OBTAINED WiTH THE PROCEEDS the repayment schedule and that such agreement will be binding on me. HEREOF. RECOVERY HEREUNDER BY ME SHALL NOT EXCEED It shall not be necessary for you to resort to or exhaust your remedies AMOUNTS PAID BY ME HEREUNDER. against the Student Borrower before catling upon me to make repayment 11. All dollar amounts stated in this Credit Agreement are in United CALIFORNIA RESIDENTS: I have the right to prohibit the use of States dollars. I will make all payments in United States Dollars with no information contained in my credit rile in connection with transactions riot deduction for currency exchange. initiated by me. I may exercise:this right by notifying the consumer credit 12. Except as disclosed in section M.the failure of the Student Borrower reporting agency. A married applicant may apply for a separate account. to complete.the education program paid for with this loan will riot relieve If you take any adverse action as defined by Section 1785.3 of the me of my obligations under this Credit Agreement. California Civil Code and the adverse action is based,in whole or in part, 13. 1 understand and agree that this loan is an education loan and on any information contained in a consumer credit report.I have the right certify that it will be used only for costs of attendance at the School. to obtain within 60 days a free copy of my consumer credit report from the I acknowledge that the requested loan is subject to the limitations on consumer reporting agency who furnished you my consumer credit report dischargeability in bankruptcy contained in Section 523(a)(8)of the and from arty other consumer credit reporting agency which compiles and United States.Bankruptcy Code because this is a qualified education maintains files on consumers on a nationwide basis. I have the right as loan as defined in the Internal Revenue Code.This.means that if,in described by Section 1785.16 of the California Civil Code to dispute the the event of bankruptcy, my other debts are discharged, I will accuracy or completeness of any information in a consumer credit report probably stili have to pay this loan in full. furnished by the consumer credit reporting agency. 14. 1 authorize any school that 1 may attend to release to you,and any ClItIFDRNIA_AND UTnH RESIDENTS; As required by California and other persons designated by you,any requested information pertinent to Utah law,(am hereby notified that a negative credit report reflecting on this foan(e.g..enrollment statins,prior loan history:and current address), my credit record may be submitted to a credit reputing agency if i fail to 15. 1 authorize the Lender, any subsequent holder of this Credit fulfill the terms of my credit obligations. Agreement,and their agents to:(1)advise the School of the status of my IOWA,KANSAS AND NEBRASKA RESIDENTS(For purposes of the application and my loan,(2)respond to inquiries from prior or subsequent following notice,the word"you"refers to the Student Borrower and lenders or,holders with respect to my Credit Agreement and related the Co-signer,not the Lender): NOTICE TO CONSUMER. This is a documents,(3)release information and make inquiries to the persons I consumer credit transaction. 1. DO NOT SIGN THIS CREDIT have given you as references,for the purposes of leaming my current AGREEMENT BEFORE YOU READ THIS CREDIT AGREEMENT. 2. address and telephone number. (4) check my credit and employment YOU ARE ENTITLED TO A COPY OF THIS CREDIT AGREEMENT. 3. history,including but not limited to rechecking my credit if my application YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT remains open over 90 days after 1 first submit it,and to answer questions PENALTY AND MAY BE,ENTITLED TO A REFUND OF UNEARNED about their credit experience with me, and (5)disclose to the Student CHARGES IN ACCORDANCE WITH LAW, Borrower.and/or the Co-signer either in connection with this transaction or MARYI AND RESIDENTS:In Paragraph L.I. Lender and I have agreed any future transaction at information (including status information and that this Credit Agreement.Is governed by federal law and the laws of non-public personal information)of the Student Borrower and/or the Co- Pennsylvania without regard to conflict of laws rules;if any court should signer provided in connection with this Credit Agreement, nevertheless determine that this Credit Agreement is subject to Maryland i6. Waiver by Lender:You waive(give up)any right to claim a security laws concerning credit,themonty to the extent that Maryland law applies, interest in any property to secure this Credit Agreement, This does not Lender and t agree and elect.that this loan is made under and governed affect any right to offset as a matter of law. by Subtitle 10.Credit Grantor Closed End Credit Provisions.of Title 12 of 17.If I fax my signatufe(s)on the second page of this Credit Agreement the Commercial Law Article of the Annotated Code of Maryland,except as back to you and keep the copy I signed.I understand that under federal preempted by federal law. law the lax you receive will be an original of the second page of this Credit MISSOURI RESIDENTS: Oral agreements or commitments to loan Agreement for all purposes, including any lawsuit to collect amounts I money,extend credit or to forbear from enforcing repayment of a owe. You and I agree that all copies of this Credit Agreement(including debt including promises to extend or renew such debt are not the fax you receive and the copy I retain).taken together,shall constitute enforceable. To protect me (Borrower(s)) and you (creditor)from a single original agreement. misunderstanding or disappointment, any agreements we reach 18. If either the Student Borrower or Co-signer elects to sign covering such matters are contained in this writing. which is the electronically an electronic record of this Credit Agreement, then the complete and exclusive statement of the agreement between us, following will apply as between Lender and such person: (a)Lender will except as we may tater agroe in writing to modify it keep a non-modifiabte electronic record of this document and provide a NEVADA RESIDENTS: This is a loan for study. copy to me upon fequesl.(b)I can and have-downloaded and/or printed a NEW JERSEY RESIDENTS; The section headings of this Credit copy of this document for my records or notified the Lender to mat me a Agreement are a table of contents and not contract terms. Portions of this copy of this document, and (c) the Lender's electronic record of this Credit Agreement with references to actions taken to the extent of document and any printout from that record shall.be an original for all applicable law apply to ads or practices that New Jersey law permits or purposes, including airy lawsuit to collect amounts that I owe. If I requires. In this Credit Agreement acts or practices(i)by you which are physically sign a copy of this document that has been electronically signed or may be permitted by`applicable law'are permitted by New Jerseylaw, by the other Borrower,as between me and the Lender the copy I sign and(ii)that may or will be taken by you unless prohibited by�applicabic (and any fax of that ropy 1 may send to Lender)will be an original. law"are permitted by New Jersey law. However. the electronic signature of another party to this Credit NEW Y RK RHODE �SlANO AND VERPAOtUT RESIDENTS: A Agreement and the Lender's electronic record of this document containing consumer report (credit report) may be obtained from a consumef- that signature will be as valid against me as an original, physical reporting agency(credit bureau)in connection with this loan. If I request document that is physically signed by ail parties. (1)1 will be informed whether or not consumer reports were obtained,and (2)if reports were obtained,I will be informed of the names and addresses of the credit bureaus that furnished the reports. If you agree>to'makethis loan to me, a consumer credit report may be requested or.used in connection with renewals or extensions of any credit for Which I have 8 Notice to Cosigner SUPPLEMENT TO LOAN REQUEST/CREDIT AGREEMENT For COLORADO,IOWA,NEW YORK,and SOUI'H CAROLINA RESIDENTS You agree to pay the clebt identified below although you may not personally receive the education or money. You may be sued for payment although the person who receives the education or money is able to pay. The Loan Amount listed below may be higher than the approved loan amount and does not include interest,late fees,court costs,attorney's lees and other charges that are stated in the credit agreement. You may also have to pay some or all of these cost_-,and charges under the terms of the credit agreement that you are guaranteeing. You will receive a disclosure of the approved loan amount when the loan is disbursed. This notice is not tl►e credit agreement that obligates you to pay the debt. Read the Credit Agreement 1'or the exact terms of your obligation. IDTN,riFICATION OF DEBT YOU MAY HAVE TO PAY ANDREW HEMLER qM101P039 (Name of Student Borrower) (Social Security Number of Student Borrower) See Credit Aareernent PNC Bank,National Association Private_Education Loan $Will he disclosed to�nxt (Kind of Debt) (Amount of Loan) 1 have kept a complete copy of this notice and the Credit Agreement that obligates me attd the Student Borrower on this debt. (Date) (Signature of Non-Studem Cosigner) Cosigner: If you are a resident of Colorado,Iowa,New York,or South.Carolina,please electronically or physically SIGN and DATE,and,if you physically sign,RETURN(by mail or fax)an original of this notice with the application information and signature pages of this Credit Agreement and other requested documents. Transaction History You have electronically signed your Undergraduate Alternative Loan promissory note.The information displayed on the signature line of your electronically sinned Undergraduate Alternative Loan promissory note is evidence of the su=$Sful authentication of your identity by AES'Authenticalton prouder.'rhe information helow represents a record of the necessary acknow.edpements and agreements supporting this electronic transaction. You consented to use an electronic,process to sign your Undergraduate Alternative Loan promissory note and represented that you had the hardware and software to do so on: 02042Oo9 05:49;43 PM You enforce your Undergraduate AHernative Loan prcmissory nate transaction code representing your unequivocal agreement that you reviewed the entire electronically signed Undergraduate Altemalive Loan promissory note,acknowledged that the information contained about you In the credit agreement is true and correct.that you have read.understood,and agreed to the Promise to Pay, Repayment Terms,Prepayment,Disclosure Statement and Certification on: 02042009 05:4535 PM You npplied forlhe Promissory Note and ncknowtodged your willingness to legally sign your Undergraduate Alternative Loan piomisscrynote in a paperless format by submitting the Undergraduate Awmative Loan promissory note that you electronically signed,binding you to art enforceable promise to pay a student loan on: 02AM0.009 05:-03:42 PM Your Undergraduate Altemative Loan promissory note Transaction Code is: S2k; This application was electionicafly signed using elWeritierr . A � FEDERAL TRItTU-IN-LENDING DISCLOSURE STATEMENT 1 Rlt)I:RCRAI)UA"I I AI jTitt kA71V1':LOAN PROGRAM �9a� 03/02/2009 =�. Borrorcr Acct 84900 o lnni.d imzro:a LLatr: 6-050:C =�..mr... N' O+� 31!�ffi�D!tf. t #eWNaNWa #8216 035.5 6203 02D70 ANDREW 5, IIEMLER 739 BROADWAY Fl- 2 Creditor: 809921P0 HANOVER, PA 17331••2014 PNC BANK N,A. 2600 LIBLRTY AYENUE SUITE 200 PITTSBURGH, PA 15Zb5 "i bL,diirvk ur<scAtment relates to are or morn adraurxh oo your LOaa Note dud+cr. don 4?Aa*_•'009. Manse your Lunn u e'rher being dobtur�,d in u-bolc or in part,or ixrnterirag repayment,ur the repayment toms arc being modified,the following inforraatn=n:+}xxat ycv:r Loan is beinc given ro you. ANNUAL PERCtXTAGEIL1Th FU NCECHARGI 1rxunrFinanced Total ofPavrnerm ;he eor nt y.nar yr tilt as a±*ental .aa•. ilw dolku ssrra4unt ehe cr_..:i .Le.nntwu•at unlit prox•ad alt ';hr-maoun you wilt bane paid.after t will eosz you. yor,or on y nrr t,-h t.f .aai have ra t:W ail payrozms ettaev€u€e:l. 8.502%. 1 11,,267.64 .. 8.232.00 :....1_..9..,.'...4.:.9...9.......w6.4 . _ ................._......_ . . . _ ..:. - € .••. d ..........,_..............................__,,,,..........__....._._._.,,.........,.„...,,.M......,... ..,a....,. ,.,..,..,..,.a..........._,.._. .._......___..._....._........__..._._...,._'�."."'-•----_.____......_.. Yang p3yr:xnt w.:h,du€r will h: Noralx•r cf W.avnenes Amount of Payr lit, lmh Pa.m cni.are,h e. "9 Prin. i Into rtss4 t 81.25 0n the 24th day of each n—th beginning 1212010 1 Prin. A Interest 4 80.39 On the 24th day o4 eoch month beginning 11/2030 ..........._____.......__._........_.......,_ ._._.._.. ..,._W.,-.._..__.........,_'__......_"_.._..._ .....-........._.........„......__,........... _. _ VARIABLE RATE:The Annual Pen.dn ige Rate,wbk;b iv lased car an index plus a n:arscia,muay ktcreaw dtoing the Hurn of the lana if the in&-x rate increaacr,T'bc iadcx us(clivt one): El prime Rate index Adjnurd!il"thly•The luowsz ti.S.Ir+uik pr:nte rate published in the"Money Rates"neaion of e W3€l1_$1(ect_fiXllllui I„<utern,"rd±iop)on the has busiars 4ry of each cal—lar month, Prime Rate Iedax Ar juAcd Quarterly-i'hc hiAhc,-U.S.txsak 1xii-rate poblu ed ill the"Money Rses'seclio.of t;«'1.9rtA.t d,Vt?0.100 dud hist bmmcx d2 of each calendar quarter. fx! 1,18OR fadex Adjaskd Qui rtertt-11te W113pe*(the ons-north Laudon Inttrtenti Offered Razespablihti in the"Mesa'^•Ratzs'section a(1$T Sit1lLSll,et JourDBi CI aftern,d tjp.J rn the fu x iw meds day of.each of the three(3)eakl1,h-months it medimefy preceding the fxnt day of each caknndrff quarter. LIBOR Index Adjusted fsi9athly-'iTte rxtrrirntb i.odon lot 7lsank Offerenf Rare pulkAed ir,die"Monte tunics”whim rt':pu..}Y:r'ALI.Stdi2;'.f. jotunat:,GAtdernSdtis"J oa the first butine%did'of ibo prec:ediag cilmdar rtxrth. Any increliv in the index aid the Ani ual Pereenuge Rat which nceorswh,k principal jmx rnwutx air defined w11 increwc,the wiru mt of=. currvat;md u0 faturepayrncnus. Any exrrave in the index and the-Aruical Pererntapp Rare w•hkh occurs while p-incipxl:md'viuxe payaratnis.;ue <ki'rrrh€will ince•ane Ude nranwnE of ull funut pa)m<als. Any irwae, a in the index and the Annual Perruntape Rat,which oxcart§ah r_you hayc b2gun to make principal andinter•r p'ayr•aentsnu.rur lour will in.raaw the amount of your Ponce principal and#merest payrr. rs beginning widt yet uoxt anuu;il paymarnt adjusrrent<Ear. 9nz exat-[pic,ax+axmc yru obtain a loan in your junior pear,in dee wriwat of$lqt"),w an intcrtu rate of 11%,and you deferpriucqul and interest payments unit aper your giuly:tion,and the repayment txxm of tho loan'n:?0 yeas If the imereis;se izi 7rax€to€Y9y tka.?:caner%t�of yc>sr xai.rc yeaa,dee u:er�'»hid.xcrnes white priuegml yid imosry pttayn,ents air rklrrrcN will incar..asn try 575.11,and your r:ronthly prweipnl mid mleietf payruratw $9.45. LATE CIIARG ES:if a payraenr Amore than I5 dnvs late,yr.maty he charged 55.00 or 5%of the payment.which,w r is ksv. If yet,"mil+. Lcndtr!er env nxI—q.e.t h4'aicr of vow f_o:a Nora)vwy i-1—thu r:erg,in 11-1 to c+xr:pme the Annual Perce drige Rate by two pxcemape pointe(2?.J• PREPA}'NEN i':i{'you pr;:cTf cart,you wilt not ha�r w fxi;.a p>z�nky. V-V1mxtg%All ouneer;cai di tchzwrev except the late payment dlxlcrure arc ustunw"c lice yeua cnnuacz ekw'timr(ats for airy additional information alxwt oon-payrrrnt,d,6wIt,any rrxinir d repayment in fill[Wilore the w hedckd dine, any.;,..c;uray inrtr:vi iced pwpayraeal:,.fools card peiialiiex. DOR ROWER(`Ivy MOO F00021 3 0172 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. §4904 relating to unsworn falsifications to authorities, that I am Jennifer Traveis, Legal Administrator of Boston Portfolio Advisors, authorized agent for PNC BANK,N.A., Plaintiff herein, that I am duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 4JA 14 1 A e - er Trav is, Af ant Bos on Portfolio Advisors, as Authorized Agent for PNC BANK,N.A. WWR#20600640 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,`c... ,J-UI1 i?.: Sheriff THE PROTHONO 1At 'i' Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF Tia w._F.I 2014 OCT 21 PM 2: 5B - CUMBERLAND &CUMBERLAND COUNTY PENNSYLVANIA PNC Bank National Association vs. Andrew Hemler Case Number 2014-5868 SHERIFF'S RETURN OF SERVICE 10/13/2014 08:38 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Sean Morgan, Defendant's Roommate, who accepted as "Adult Person in Charge" for Andrew Hemler gj N. -st Street, Carlisle Borough, Carlisle, PA 17013. SH N HARRI ` , DEPUTY SHERIFF COST: $34.78 SO ANSWERS, October 15, 2014 (c) CountySuito Sheriff, Te eosoft, Inc. RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION Plaintiff vs. ANDREW HEMLER Defendant TO THE PROTHONOTARY: Civil Action No. 14-5868 CIVIL PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, ANDREW HEMLER, in the amount of $11,575.44 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A. Attorney for Plaintiff ANDREW HEMLER 116 N EAST ST CARLISLE, PA 17013 WWR# 20600640 C�3 00)14 lito,pel c11 PO sel53, 3i38[ol h �� � rnailPd IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION Plaintiff vs. ANDREW HEMLER Defendant Civil Action No 14-5868 CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, ANDREW HEMLER, above- named, in the amount of $11,575.44 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $11,575.44. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, ANDREW HEMLER, in the amount of $11,575.44 plus continuing interest thereon at the statutory rate of 6.000% per annum from the date of judgment, and costs. 3. Defendant shall make an initial payment on October 31, 2014 of $150.00 and subsequent monthly payments at a rate of $300.00 commencing on November 30, 2014 and each month thereafter until the balance is paid in full. 4. All payments are to be made payable to the order of "PNC BANK, N.A." 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 7th Ave Ste 2500, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. Time is of the essence of this agreement and should the Defendant fails to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 7. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 8. Intending to be legally bound, the parties set their hands and seals this day of , 20 6L ANDREW FIEMLER 116 N EAST ST CARLISLE, PA 17013 WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan, Esquire PA I.D.# 47437 WELTMAN, WEINBERG & r IS CO., L.P.A. 436 7th Ave Ste 2500 Pittsburgh, PA 15219 WWR# 20600640 A PIT ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION Plaintiff vs. ANDREW HEMLER Defendant ANDREW HEMLER 116 N EAST STREET CARLISLE, PA 17013 Civil Action No. 14-5868 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on `{ (xx) ssumpsit Judgment in the amount of $11,575.44 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non -Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) .. By Consent Prothonotary By: PROTHONOTARY (OR DEPUTY)