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HomeMy WebLinkAbout14-5979 d Supreme Cour. o :-Qnnsylvania Con�. O Comm leas For Prothonotary Use Only.31 T Cavil C�rDSh}eet .,. Docket No: STS�n County l 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. -Y Commencement of Action: S El Complaint ® Writ of Summons © Petition ® Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T National Collegiate Student Loan Trust �001 .5g� Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? ( Yes © No (check one) W-Outside arbitration limits O N Is this a Class Action Suit? Yes 0 No Is this an MDJAppeal? 0 Yes 21 No A Name of Plaintiff/Appellant's Attorney: Michael F. Ratchford, Esq. ® Check here if you have no attorney(are a Self-Represented 1Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle >< Debt Collection:Other [J Board of Elections ®Nuisance Student Loan [3 Dept.of Transportation Premises Liability 0 Statutory Appeal:Other S [3 Product Liability(does not include E mass tort) ® Employment Dispute: 0 Slander/Libel/Defamation Discrimination C El Other: ® Employment Dispute:Other Q Zoning Board T - 0 Other: I [3Other: O MASS TORT 0 Asbestos N ® Tobacco 0 Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ®Ejectment E3 Other: [3 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation Declaratory Judgment © Ground Rent Mandamus ® Landlord/Tenant Dispute U Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [I Mortgage Foreclosure:Commercial Quo Warranto O Dental '® Partition Replevin 0 Legal [3 Quiet Title ®Other: 13 Medical [3Other: Other Professional: i Updated 1/1/2011 a , F1 r"E 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ¢ NATIONAL COLLEGIATE STUDENT 01 f ' 53 LOAN TRUST 2007-1 CIVIL ACTION CUMDERLAND C iINTY c/o NCO Financial Systems Inc. EiN5YLVAFd1 ! 5100 Peachtree Industrial Blvd Norcross, GA 30071 Plaintiff VS. I l ! �q U t NO: JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 am4 11 s. 7 �- el/y. 3/076 N1400836 x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1 CIVIL ACTION c/o NCO Financial Systems Inc. 5100 Peachtree Industrial Blvd Norcross, GA 30071 Plaintiff VS. NO: JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Defendant COMPLAINT Plaintiff,NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1, by and through its attorneys, Edwin A. Abrahamsen&Associates, P.C., complains of the Defendant as follows: 1. The defendant JENNIFER GENSEL (hereinafter "Defendant") is an adult individual residing at 454 SHED RD NEWVILLE PA 17241-8759. 2. The defendant executed the promissory note for the payment of tuition in which the defendant was required to make monthly payments. A copy of the promissory note, is attached hereto as Exhibit "A." 3. The defendant's account was transferred and assigned by the original lender to the plaintiff. (See "Pool Supplement and Deposit and Sales Agreement" attached hereto as Exhibit "B" demonstrating the chain of title for this account) 4. The defendant was advanced the proceeds of the loan which were to be used for educational purposes. 5. The defendant failed to make the required payments when due. 6. The balance currently owed by defendant is $41,264.03. 7. Plaintiff has declared Defendant to be in default and demands payment of the balance due from the Note. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of$41,264.03 plus costs of suit and any other relief as the Court deems just and appropriate. 7Respec�rfu/I'lsmi ed /Michael F. Ratchford, Es ire Attorney I.D. Nos.: 8628 120 N. Keyser Ave Scranton, PA 18504 mratchford@eaa-law.com Phone: 800-503-1665 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1, 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. /icPhWIF. atchford, Esq ire EXHIBIT A NOTE DISCLOSURE STATEMENT $ 27,932.96 Borrower(s) JENNIFER D GENSEL 04635950 Low No. Student: JENNIFER D GENSEL Date: January 2f-2007 JENNIFER D GENSEL Lender Name and Address: 315 NORTH HANOVER STREET APT 2 IPMORGAN47HASITRANKNIA NA.) CARLISLE. PA 17613 USA 100 EAST BROAD STREET COLUMBUS.OH 43125 This disclosure statement relates to your Loan Note disbursed on January 26,2007 Because your Loan is athcr being disbursed or entering repayment,or the repayment terms am bang modified.the following information about your Loan is being given to you. jANNUAL PERCENTAGE RATE, FINANCE CHARGE, Amount Financed Total of Payments I The cost of your cmilit as a The dollar amount the credit The amtwne of audit provided The amount you will have paid after yearly tatewig cast you. to you or an your hc6alf you have made all payments scheduled. 12.564 % $ 62.871.20 $ 25.000.00 $ $7.871.20 Your payment schedule will be: Number of Payments Amount of Payments When Payments are due 240 S 366.13 On the 26th day of each month beginning W009 VARIABLE RATE:The Annual Percentage Rate,which is based on an index plus a margin,may increase during the term of the loan if the index rate increases.The index is(check one): Prime Rate Index Adjusted Monthly-,The highest II.S.bank prime rate published in the"Money Rates"section of I The WWI Street Journal(Eastern Edition on the Iasi business day of each calendar month. Prime Rate Index Adjusted Quarterly-The highest U.S.bank prime rate published in the"Money Rates"section of The Wall Strutt Journal(Foster Edition)on the Iasi business day of each calendar quarter. LIBOR Index Adjusted Quarterly•The average of the one-month London Interbank Offered Rates published in the "Money Rales"section of The Wall Street Journal(Easter Edition)on the first business day of each of the three(3) icalendar months immediately preceding the first day ofeach calendar quarter. Q LIBOR Index Adjusted Monthly-The une-month London Interbank Offered Rate published in the-Money Rates" i section of The Wall%rrm Joumal(Eastern 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 arc deferred will increase the amount of any current and all future pa)gn ms.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 adjustment date.For example. assume you obtain a loan in your junior year,in the amount of$10,000,at an interest rate of 11%,and you defer principal and interest payments until after your graduation,and the repayment term of the loan is 20 years.If the interest rare increased to 12% on January 1st of your senior year,the interest which accrues while principal and interest payments arc deferred will increase by 591.01,and your monthly principal and interest payments would inemase by$9.37. LATE CHARGES:If a payment it more than 15 days late,you may be charged$5.00 or 5%of the payment,whichever is less.If you default,Leader(or any subsequent holder of your Loan Note)may increase the margin used to compute the Annual Percentage Rate by two percentage points(276). PREPAYMENT:if you pay off early,you will net have to pay a penalty. j stimalts:All numerical disclosures except the late payment disclosure are estimates. See your contract documents for any additional information about noo-payment,default,any required repayment in full before the scheduled date,any security interest and prepayment refunds and penalties. Principal Amount of Note(Amount Financed plus Prepaid Finance Charge) $ 27.932.96 Itemization of Amount Financed Amur paid to JENNIFER D GENSEL $ 25.000.00 Amount pald m $ Total Amount Financed $ 25.000.00 Itemization of Prepaid Finance Charge Origination Fee $ 2,932.96 Total Prepaid Finance Chargc(s) $ 2.932.96 crA iNAJNO""` EOJCDF Education One Cel DF rile Copy From:7172434254 Page:2/3 Date:1/2312007 7:20:04 PM ` :� itwtirlfi CEL ` triCr®ditiAgreeeii, NON-NEGOTIABLE CREDIT AGREEMENT-THIS 13 A CPNSUMER CREDrr TRANSACTION f,r�7 p■-�' 941111INFORNATION •I:L1717 a�vrZ .. 1•Vf�`ti i7 i.. .��i=: ,. 'n:-. .�•i:.._...—��... _ «.!•:.I:::... :a'u�.. i.—..__ i=�3.. Education Ona° Education One Continuing Education Loan Lender.JPMorgan Chase Bank,NA School:HARRISBURG AREA COMMUNITY COLL Loan Amount Requested:$25000,00 Academic Period:01/2007-05!2007 DefermBrlt Period Margin:6.9 Repayment Period Margin:5.9 Loan Origingtion Fee Percentage:10.50 jt I RMATIONMIisftie;ateasf•1 (3s y6e} ;-• L �... ....._.... . RQ�►�+� 8 to ciao ;;,•. ':��: •'�:�t::h �':F�:r,��._��:x.s�. •D 'Borrower Name:Jenntfer$Gensel Home Address'315 North Hanover Street Apt 2 GarOale,PA 17013 Social Se=ity 1 _ -5876 Date of Birth: 1974 Home Telephone:(717)440-4966 Current Emptoyar.MARKET CRDSS PUB Employer Telephone:(7M25&1234 Current Position:00W Yam There:8 Years 8 M006 Years at Prerrious Employment 0 Yeas AOmony,chill supptM.or aspanto ntairttsnsrroo Iaeomm do not provide t tot revealed a you do tato eat of t a thorn doneldered for repaying thb ebegadon. If you are raying an such addsteeai income,F Pa P Pe Borrower Cilizanship(check one bort): 1A U.S.CW0111 O Htgrab Wn-Cilizen(Attach from 6 back COPY of CIS or.iW &M vlae.rsnd) Pommel Reference Name: er.11arnw RuWarsoa Home Tot l:�wl ll 9011180 wort Tal# rl REM Reference AdOMW_1112 RbK Win Rat rence aty/StateMP: W 611111111111,SC 19541 By my sigpgn.I«nih drw I have read,aodemand and okra:to the ume of slid undertake the oMisatioas tet tank on ail four(t)pages or this Loan Fimu cslNh&I Aareernem F.0.06.07,C'LCW.I0DC,0105(-Crtdll Agreen1ent•1 I understand dart any pcm"who knowingly moles o(rote smemm of mistePrsse"S"on this Aute is suNM to penultiet.which may imlilde lines or irrog nmetn. This Credit Arcemctrt is signed under sml. I understand dud 1 tun not required to fax M rigeatum on thls Credit ASreamtm and any rotated noticei lbul fNgjdc sigtetum. it I coast to fax my ttgneruro on Ibis Credit Agecmatt and uq retmcd nolitet that aid maim,l;rrtend:(i)my fax sipraturc to be an eleeevnic siguaure ander applicstrk federal and sere Law.(ii)arty rex primeW of this Crcdit Agroenrcnt and roldkd rtolbres b an:1p ththe t order-by-rJm aid-rearms Gad-ADUM tiCsignttuat aedlry rho thla Credit A m will tat be goremad by Article]of tba UMfomt Commut4l Cala and my obliptiora under this Credit Ag mnl will mt be subject lo.but my trdnsfar of trey Oblipuara wilt bm subject ro,Article 9 of the UnirormCaarrrereial Code. For parposa of the following oolkU,'7ou'mesas the somma.act the Lender, FOR ALABAMA REMENTSc CAU*nON—IT IS IMPORTANT THAT YOU THOROUGHLY READ TNF CONTRACT BEFORE YOU I SIGN IT. FOR WISCONSIN RESIDENTS-NOTICE TO CUhTONMRt (a) DO NOT SIGN T)3IS CREDIT AGRE MENT BEFORE YOU READ THE WRM14G ON THE FOLLOWING FACES,EVEN IF 01 If WISE ADVISED. (b) DO NOT SIGN THIS CREDIT AGREEMENT IF IT CONTAINS ANY BLANK SPACES- (C) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (d) YOU 9AVE AURL RIGHT ENTITLED ANY TOA E TO AY IN PAY OF ADVANCE THE FINANCE BALANCE E UNDER THI AND YOU MS CREDIT AGREEMENT I PI AiSB g(pN-$ELflW REM'11110ide WIrh Q fiiCoingend'Eeiolknet"rt=`PAX.�TO:800�7.04.94A7•M �" ;;�y?= ': ' Signature of Sorrmet . Date_1 - 91-3 -0 7 li J EO.06-07.CLCW.`l0DC.0106 LENDER COPY PIto1�0_06•07 aaw�x_aEI1sE►.Nt� � EO.KbF In this Credit Agreement,the words"I","me","my",and"mine"mean the person who published in the"Money Rates"section of The Wall Street Journal(Eastern Edition). signed this Credit Agreement as Borrower.The words'you",'your",'yours",and The index for each calendar month(or for any shorter period beginning on a "Lender"means the Lender named at the top of the first page of this Credit Disbursement Date and ending on the last day of a calendar month)will equal the Agreement,its successors and assigns,and any other holder of this Credit LIBOR rates published on the first business day of the immediately preceding calendar Agreement."School"means the school named at the top of the first page of this Credit months,rounded to the nearest one-hundredth of one percent(0.01%).If The Wall Agreement. The"servicer"means the Lender or any entity it designates to service my Street Journal(Eastern Edition)is not published or the Current Index is not given on loan. that date,then the Current Index will be determined by using the immediately A. PROMISE TO PAY: I promise to pay to your order,upon the terms and conditions preceding published Current Index. If the Current Index is no longer available,you will of this Credit Agreement,the principal sum of the Loan Amount Requested shown on choose a comparable index. the first page of this Credit Agreement,to the extent it is advanced to me or paid on 3.Capitalization—I am not obligated to make any payments until the loan enters the my behalf,and any Loan Origination Fee added to my loan(see Paragraph F) Repayment Period.You will add unpaid accrued interest to the principal loan balance (together the"Principal Sum's,interest on such Principal Sum,interest on any unpaid as of the last day of each calendar quarter(the last day of December,March,June interest added to the Principal Sum,and other charges set forth herein. and September)during the Deferment Period and at the end of my Deferment Period. B.LOAN;DISCLOSURE STATEMENT: Interest that is added to principal is called"Capitalized"interest.Capitalized interest 1. By signing this Credit Agreement,and submitting it to you,I am requesting will be treated as principal.In addition,if I am in default(see Paragraph 1)and the loan that you make this loan to me in an amount equal to the Loan Amount has been sold to TER](see Paragraph LA 1),TERI may capitalize accrued and unpaid Requested plus any Loan Origination Fee described in Paragraph F of this interest as of the date it purchases my loan.In all cases,the sum of interest you Credit Agreement When you receive my signed Application,you are not capitalize plus the then-outstanding principal balance is thereafter considered the agreeing to lend me money.You have the right not to make a loan or to lend an principal balance,and interest will accrue on the new principal balance. amount less than the Loan Amount Requested.I agree to accept an amount less E. TERMS OF REPAYMENT: than the Loan Amount Requested and to repay that portion of the Loan Amount 1. Deferment Period—You will send statements during the Deferment Period Requested that you actually lend to me along with interest and all other amounts (showing the total outstanding principal balance of my loan and the interest that has I owe(see Paragraph A). You have the right to disburse my loan through an accrued on my loan). Statements will be sent to the Borrower at the address shown agent on your records. I may,but am not required to,make payments during the Deferment 2. If you agree to make a loan to me,you will mail me a disbursement check(the Period.You will add any interest that I do not pay during the Deferent Period to the "Disbursement Check")and a statement disclosing certain information about the loan principal loan balance at the end of the Deferent Period,as described in Paragraph in accordance with the federal Truth-in-Lending Act(the"Disclosure Statement').At D.3.Thereafter,the accrued interest will be treated as principal. your option,you may make the Disbursement Check payable to the School or co- 2. Repayment Period—The amount of my monthly payment("Monthly Payment payable to me and the School.In addition to other information,the Disclosure Amount")will be established based on the rules in this Credit Agreement when my Statement will tell me the amount of my disbursement and the amount of the Loan Repayment Period begins. During the Repayment Period,you will send monthly Origination Fee.The Disclosure Statement is part of this Credit Agreement.Upon statements that show the Monthly Payment Amount and the payment due dates,and I receipt of the Disclosure Statement,I will review the Disclosure Statement and notify will pay the Monthly Payment Amount shown on my monthly statement,which amount you in writing if I have any questions.My endorsement of the Disbursement Check or will in no event be less than$25 or the unpaid balance,whichever is less.I understand allowing the loan proceeds to be used by or on behalf of the Borrower without that the Monthly Payment Amount is due each month.I may pay more than my objection will acknowledge receipt of the Disclosure Statement and my agreement to Monthly Payment Amount at any time without penalty or charge. If my loan is in paid- be legally bound by this Credit Agreement. ahead status,I may,but will not be required to make monthly payments.Even if I do 3. If I am not satisfied with the terms of my loan as disclosed in the Disclosure not receive monthly statements,I will make consecutive monthly payments in amounts Statement,I may cancel my loan. To cancel my loan,I will give you a written at least equal to the Monthly Payment Amount by the applicable payment due dates cancellation notice,together with my unused Disbursement Check or,if I have already until I have paid all of the principal and interest and any other charges I may owe endorsed and delivered the Disbursement Check to the School,a good check,payable under this Credit Agreement. to you,in the full amount of the Disbursement Check.In any event,I cannot cancel 3. Repayment Terms—My Monthly Payment Amount will be calculated as of the day more than ten(10)days after I receive the Disclosure Statement.If I give notice of the Repayment Period begins("Repayment Date").It will be recalculated(a)once cancellation but do not comply with the requirements of this Paragraph B.3,this Credit each year prior to the anniversary of the Repayment Date,(b)if the Variable Rate Agreement will not be canceled and I will be in default of this Credit Agreement. (See changes between anniversaries of the Repayment Date to the extent that the Monthly Paragraph I.) PaymentAmount would not pay in full the accrued monthly interest on my loan,(c) C. DEFINITIONS: following any subsequent deferent or forbearance period or(d)following any request 1. "Disbursement Date"means the date shown on any Disbursement Check you by the Borrower to the servicer to change the monthly payment due date(each of prepare for me(not the date I endorse or negotiate my check). which events is a new"Repayment Date").As of any Repayment Date,my Monthly 2.The"Deferment Period"will begin on the Disbursement Date and end on the Payment Amount will be recalculated.My new Monthly Payment Amount will be Deferent End Date. disclosed to me by the servicer.The new Monthly Payment Amount will equal the 3."Deferent End Date"has the following meaning: amount necessary to pay in full,over the number of months remaining in the (a) If the Borrower is enrolled in a degree or certificate-granting program at the Repayment Period,the amount I owe in equal monthly installments of principal and School,the earlier of the date which is(i)180 days after the Borrower graduates or interest at the Variable Rate in effect at the time of the calculation.I understand that eams the certificate,(ii)180 days after the Borrower ceases to be enrolled at the this may result in a reduction or increase in my monthly payment as calculated as of School,or(iii)2 years after date of the first loan disbursement under this Credit each Repayment Date. I understand that during the Repayment Period the servicer Agreement. may change the monthly payment due date of future payments to a later date for the (b) If the Borrower is not enrolled in a degree or certificate-granting program at the convenience of the servicer in processing payments or in order to coordinate the due School,the earlier of the date which is(i)180 days after the end of the Academic dates of all of my loans processed by the servicer. Period described on the first page of this Credit Agreement,or(ii)180 days after the 4. Amounts Owing at the End of the Repayment Period—Since interest accrues daily Borrower ceases to be enrolled at the School. upon the unpaid principal balance of my loan,if I make payments after my payment 4.The"Repayment Period"begins the day after the Deferent Period ends. The due dates,I may owe additional principal,interest,and/or late fees at the end of the Repayment Period is 20 years,unless monthly payments equal to the minimum Repayment Period. If I have not paid my late fees,I will also owe additional amounts monthly payment amount(see Paragraph E.2)will repay all amounts owed in less than for those late fees.In such cases you will increase the amount of my last monthly 20 years,in which case the Repayment Period will be the number of months payment to the amount necessary to repay my loan in full in a single payment. necessary to pay in full the amount I owe at the minimum payment. 5. Payments—Payments will be applied first to late fees and other fees and charges, D. INTEREST: then accrued interest,and the remainder to principal.If I have multiple loans 1. Accrual—Beginning on the Disbursement Date,interest on the outstanding balance processed by the servicer,and I submit a single payment that is not sufficient to pay all of this Credit Agreement(including any unpaid interest later added to principal of the amounts I owe,such payment may be divided between or among the loans in according to Paragraph D.3)will accrue each day(including holidays and other days accordance with applicable law and the servicer's customary procedures. you are closed)at the Variable Rate(Paragraph D.2)divided by the number of days in 6. Other Charges-If any part of a monthly payment remains unpaid for a period of that calendar year. more than 15 days after the payment due date,I will pay a late fee not exceeding 2. Variable Rate—The"Variable Rate"is equal to the Current Index plus a Margin. $5.00 or 5%of the overdue payment amount,whichever is less.I will pay only one late The Margins for both the Deferent Period and the Repayment Period are shown on fee for any(monthly)payment,regardless of the number of days it is late.To the the first page of this Credit Agreement.In no event will the Variable Rate exceed the extent permitted by law,I agree to pay you all amounts you incur in enforcing the maximum interest rate allowed by the laws of the State of Ohio.The Variable Rate will terms of this Credit Agreement,including reasonable collection agency and attorney's change monthly on the first day of each calendar month(the"Change Date(s)' if the fees and court costs and other collection costs. Current Index changes. The"Current Index"for any calendar month(or for any shorter F. LOAN ORIGINATION FEE:You may charge me an Origination Fee.If you charge period beginning on the Disbursement Date and ending on the last day of a calendar me,at the time you issue any disbursement to me,or on my behalf,you may add the month)is based on the one month London Interbank Offered Rate("LIBOR")as Origination Fee to my loan amount. The dollar amount of any Loan Origination Fee M04702U.1,EO.06-07.CLCW.IODC.0106 2 of will be determined by multiplying the Principal Sum times the Loan Origination Fee I WILL NOT SEND YOU PAYMENTS MARKED`PAID IN FULL","WITHOUT Percentage shown on the first page of this Credit Agreement. The percentage would RECOURSE"OR WITH OTHER SIMILAR LANGUAGE UNLESS THOSE PAYMENTS be higher if computed only on the amount advanced rather than on the entire Principal ARE MARKED FOR SPECIAL HANDLING AND SENT TO THE ADDRESS Sum(Loan Origination Fee plus the loan amount advanced). For example,a nominal IDENTIFIED FOR SUCH PAYMENTS ON MY BILLING STATEMENT,OR TO SUCH Loan Origination Fee of 9.5%on the entire Principal Sum would equal 10.4972%of OTHER ADDRESS AS I MAY BE GIVEN IN THE FUTURE. the loan amount advanced. The Loan Origination Fee I will pay,if any,will be shown 4. 1 may not assign this Credit Agreement or any of its benefits or obligations.You on my Disclosure Statement and included with the Principal Sum. To the extent may assign this Credit Agreement at any time. permitted by law,and unless I timely cancel this Credit Agreement(see Paragraph 5.The terms and conditions set forth in this Credit Agreement and the Disclosure B.3),I will not be entitled to a refund of any Loan Origination Fee after my Statement constitute the entire agreement between you and me. Disbursement Check has been negotiated. 6. If any provision of this Credit Agreement is held invalid or unenforceable,that G. RIGHT TO PREPAY: I have the right to prepay all or any part of my loan at any provision shall be considered omitted from this Credit Agreement without affecting the time without penalty or charge. validity or enforceability of the remainder of this Credit Agreement. H. FORBEARANCE: If I am unable to repay my loan in accordance with the terms 7. A provision of this Credit Agreement may only be modified if jointly agreed upon in established under this Credit Agreement because of a hardship such as financial or writing by you and me.Any modification will not affect the validity or enforceability of medical difficulty,I may request that you modify these terms.I understand that such the remainder of this Credit Agreement.If I fax my Credit Agreement,I have read and modification would be at your option,and,to the extent not prohibited by applicable understand the prohibition regarding changes in Paragraph L.15. law,you may charge me a fee equal to two percent 2%of the outstanding principal 8. To the extent permitted by law,you have the right to apply money from any of my balance if you agree to modify the terms of this Credit Agreement.I understand that I deposit account(s)with you to pay all or a portion of any amount overdue under this will remain responsible for all interest accruing during any period of forbearance and Credit Agreement.If I am in default at any time(including but not limited to a situation that you will add any 2%fee described in the previous sentence and all interest that I where I give an improper cancellation notice),you may exercise on my behalf any right do not pay during any forbearance period to the principal balance,as described in that I may have to receive a full or partial refund of payments made to the School.I Paragraph D.3. authorize the School to pay any or all of such amounts directly to you upon receipt of I. WHOLE LOAN DUE: To the extent permitted by applicable law,I will be in default notice from you that I am in default under this Credit Agreement. if:(1)1 fail to make any monthly payment to you when due,(2)1 die,(3)1 break any of 9. All dollar amounts stated in this Credit Agreement are in United States dollars. I will my other promises in this Credit Agreement,(4)any bankruptcy proceeding is begun make all payments in United States dollars with no deduction for currency exchange. by or against me,or I assign any of my assets for the benefit of my creditors,or(5)1 10.The Borrower's failure to complete the education program paid for with this loan make any false written statement in applying for this loan or any other loan or at any will not relieve any Borrower of any obligation under this Credit Agreement. time during the Deferment or Repayment Periods.I understand that ff I default on my 11. 1 understand and agree that this loan is an education loan and certify that it loan,disclosure of my loan information to consumer reporting agencies may adversely will be used only for costs of attendance at the School.I acknowledge that the affect my credit rating.If I default,I will be required to pay interest on this loan accruing requested loan is subject to the limitations on dischargeability in bankruptcy after default.The interest rate after default will be subject to adjustment in the same contained in Section 523(a)(8)of the United States Bankruptcy Code because manner as before default.To the extent permitted by law,upon default,you will have either or both of the following apply:(a)this loan was made pursuant to a the right to give me notice that the whole outstanding principal balance,accrued program funded in whole or in part by The Education Resources Institute,Inc. interest,and all other amounts payable to you under the terms of this Credit ('TERI"),a non-profit institution,or(b)this is a qualified education loan as Agreement are due and payable at once. Upon default,you may also capitalize any defined in the Internal Revenue Code.This means that if,in the event of interest and fees(i.e.,add accrued and unpaid interest and fees to the principal bankruptcy,my other debts are discharged,I will probably still have to pay this balance),and increase the Margin used to compute the Variable Rate by two loan in full. percentage points(20/6). 12. 1 authorize any school that I may attend to release to you,and any other persons J. NOTICES: designated by you,any requested information pertinent to this loan(e.g.enrollment 1.1 will send written notice to you,any subsequent holder of this Credit Agreement, status,prior loan history,and current address). and the servicer within ten days after any change in name,address,or enrollment 13. 1 authorize the Lender,any subsequent holder of this Credit Agreement,and their status(for example,if the Borrower withdraws from the School or transfers to another agents to:(1)advise the School of the status of my application and my loan,(2) school participating in this loan program). respond to inquiries from prior or subsequent lenders or holders with respect to my 2. Any notice required to be given to me by you will be effective when mailed by first Credit Agreement and related documents,(3)release information and make inquiries class mail to the latest address you have for me. to the persons I have given you as references,for the purposes of Teaming my current K. INFORMATION: address and telephone number,(4)check my credit and employment history and to 1. 1 must update any and all information related to this Credit Agreement or my loan answer questions about their credit experience with me,and(5)disclose to TERI application whenever you ask me to do so. either in connection with this transaction or any future transaction all information 2. 1 authorize you from time to time to request and receive from others credit related (including status information and non-public personal information)of the Borrower information about me(and about my spouse ff I live in a community property state). provided in connection with this Credit Agreement. 3. CREDIT BUREAU REPORTING 14. Waiver by Lender: You waive(give up)any right to claim a security interest in any You may report information about my account to credit bureaus. Late property to secure this Credit Agreement. This does not affect any right to offset as a payments,missed payments,or other defaults in my account may be reflected matter of law. in my credit report. 15.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 I understand that the reporting of information about my account to credit bureaus may an original of the first page of this Credit Agreement and I will refax the first page upon adversely affect my credit rating and my ability to obtain other credit.You may also request by Lender.I may NOT amend the Credit Agreement by making changes to the provide the School with certain personally-identifiable information about me(such as Signature Page,which are then faxed to Lender.If the Borrower faxes the Signature my Social Security Number and my Loan ID number)and report the status of my loan Page,and the Lender approves the application,you and I agree that all copies of this and my payment history,including information about a late payment,missed payment Credit Agreement(including the fax you receive and the copy I retain),taken together, or other defaults,to the School and others in accordance with applicable law. shall constitute a single original agreement. L. ADDITIONAL AGREEMENTS: M. DISCLOSURE NOTICES 1. I understand that you are located in OHIO and that this Credit Agreement will be entered into in the same state.CONSEQUENTLY,THE PROVISIONS OF THIS ALL APPLICANTS: CREDIT AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND THE LAWS IMPORTANT FEDERAL LAW NOTICE— OF THE STATE OF OHIO,WITHOUT REGARD TO CONFLICT OF LAW RULES. 2.The proceeds of this loan will be used only for my educational expenses at the Important information about procedures for opening a new School. account., 3. My responsibility for paying the loan evidenced by this Credit Agreement is To help the government fight the funding of terrorism and money unaffected by the liability of any other person to me or by your failure to notify me that laundering activities,Federal law requires all financial institutions a required payment has not been made.Without losing any of your rights under this to obtain,verify,and record information that identifies each Credit Agreement you may accept(a)late payments,(b)partial payments or(c) person who opens an account payments marked"paid in full"or with other restrictions.You may delay,fail to exercise,or waive any of your rights on any occasion without losing your entitlement to What this means for you: exercise the right at any future time,or on any future occasion.You will not be obligated to make any demand upon me,send me any notice,present this Credit Agreement to me for payment or make protest of non-payment to me before suing to collect on this Credit Agreement ff I am in default,and to the extent permitted by applicable law,I hereby waive any right I might otherwise have to require such actions. {w0470zas.r)EO.06-07.CLCW.10DC.0106 3 of 4 When you open an account,we will ask for your name,address, all information I provided to you in connection with this loan,including without limitation date of birth,and other information that will allow us to identify the information contained in this Credit Agreement,is true,complete and correct to the you.We may also ask to see your driver's license or other best of my knowledge and belief and is made in good faith. I understand that I am identifying documents. responsible for repaying immediately any funds that I receive which are not to be used —are not used for educational expenses related to attendance at the School for the CALIFORNIA RESIDENTS I have the right to prohibit the use of information contained academic period stated. I certify that I am not now in default on a Federal Perkins Loan,a Federal Stafford Loan,a Federally Insured Student Loan,a Federal in my credit file in connection with transactions not initiated by me. I may exercise this right by notifying the consumer credit reporting agency. A married applicant may apply Supplemental Loan for Students(SLS),a Federal PLUS Loan,an Income Contingent Loan,ti Federal Consolidation Loan,a Federal Ford Direct Loan, for a separate account If you take any adverse action as defined by Section 1785.3 of education loan received for attendance at any school. The legal age any other the California Civil Code and the adverse action is based,in whole or in part,on any e for entering into centrads is 18 years of age in every State in the United States except the following: information contained in a consumer credit report,I have the right to obtain within 60 Alabama and Nebraska(19 years oldq and Mississippi and Puerto Rico(21 years old). days a free copy of my consumer credit report from the consumer reporting agency who furnished you my consumer credit report and from any other consumer credit I certify that I meet these state age requirements. reporting agency which compiles and maintains files on consumers on a nationwide basis.I have the right as described by Section 1785.16 of the California Civil Code to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency. CALIFORNIA and UTAH RESIDENTS• As required by California and Utah law,I am hereby notified that a negative credit report reflecting on my credit record may be submitted to a credit reporting agency if I fail to fulfill the terms of my credit obligations. (For purposes of the following two notices,the word'you"refers to the Borrower,not the Lender.) IOWA RESIDENTS: If you are an Iowa resident and your amount financed is$25,000 or less,this is a consumer credit transaction. IOWA.KANSAS and NEBRASKA RESIDENTS:(For purposes of the following notice, the word"you'refers to the Borrower,not the Lender.)NOTICE TO CONSUMER:1. Do not sign this Credit Agreement before you read it. 2.You are entitled to a copy of this Credit Agreement 3.You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. MARYLAND RESIDENTS:In Paragraph L.1,Lender and I have agreed that this Credit Agreement is governed by federal law and the laws of OHIO,without regard to conflict of laws rules;if any court should nevertheless determine that this Credit Agreement is subject to Maryland laws concerning credit,then only to the extent that Maryland law applies,Lender and I agree and elect that this loan is made under and governed by Subtitle 10,Credit Grantor Closed End Credit Provisions,of Title 12 of the Commercial Law Article of the Annotated Code of Maryland,except as preempted by federal law. MISSOURI RESIDENTS: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY,EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU(BORROWER(S))AND US(CREDITOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT,ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING,WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US,EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. NEVADA RESIDENTS: This is a loan for study. NEW YORK,RHODE ISLAND.and VERMONT RESIDENTS- I understand and agree that you may obtain a consumer credit report in connection with updates,renewals of extensions of any credit as a result of this application. If I ask,I will be informed whether or not such a report was obtained and,if so,the name and address of the agency that fumished the report. I also understand and agree that you may obtain a consumer credit report in connection with the review or collection of any loan made to me as a result of this application or for other legitimate purposes related to such loans. NEW JERSEY RESIDENTS: The section headings of this Credit Agreement are a table of contents and not contract terms. Portions of this Credit Agreement with references to actions taken to the extent of applicable law apply to ads or practices that New Jersey law permits or requires. In this Credit Agreement,ads or practices O by you which are or may be permitted by"applicable law"are permitted by New Jersey law,and(ii)that may or will be taken by you unless prohibited by"applicable law"are permitted by New Jersey law. OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers,and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. OKLAHOMA RESIDENTS: If I am in default and only if the total amount disbursed under this Credit Agreement is greater than$3,600(or any higher dollar amount established by law for the payment of such fees),I agree to pay the Lender's attorneys fees and court costs up to 15%of the unpaid debt WISCONSIN RESIDENTS:For married Wisconsin residents,my signature confirms that this loan obligation is being incurred in the interest of my marriage or family. No provision of any marital property agreement(pre-marital agreement),unilateral statement under Section 766.59 of the Wisconsin Statutes or court decree under Section 766.70 adversely affects your interest unless,prior to the time that the loan is approved,you are famished with a copy of the marital property agreement,a statement or a decree or have actual knowledge of the adverse provision. If the loan for which I am applying is granted,I will notify you if I have a spouse who needs to receive notification that credit has been extended to me. 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 {w047oZ4.1)EO.06-07.CLCW.10DC.0106 4 of tWO470248.1) EXHIBIT B 'Exhibit 99.17 Page 1 of 3 EX-99 14 national-ex9917 031107.htm EXHIBIT 99.17 Exhibit 99.17 2007-1 POOL SUPPLEMENT JPMORGAN CHASE BANK,N.A. This Pool Supplement(the"Supplement")is entered into pursuant to and forms a part of that certain Amended and Restated Note Purchase Agreement dated as of May 1, 2002, as amended or supplemented from the date of execution of the Agreement through the date of this Supplement(the "Agreement'),by and between The First Marblehead Corporation("FMC")and TPMorgan Chase Bank, N.A., successor by merger to Bank One,N.A. (Columbus, Ohio) (the"Program Lender"). This Supplement is dated as of March 8, 2007. Capitalized terms used in this Supplement without definitions have the meanings set forth in the Agreement. Article 1: Purchase and Sale. In consideration of the Minimum Purchase Price,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 student loan set forth on the attached Schedule 1 (the "Transferred Bank One Loans") along with all.of the Program Lender's rights under the Guaranty Agreement, and any of the Program Lender's rights in or to the certain account pledged by TERI as collateral for its obligations under the Guaranty Agreement(the "Pledged Account"), in each case specifically relating to the Transferred Bank One Loans. The Depositor in turn will sell the Transferred Bank One Loans to The National Collegiate Student Loan Trust 2007-1 (the"Trust"). The Program Lender hereby transfers and delivers to the Depositor each Note evidencing such Transferred Bank One Loan and all Origination Records relating thereto, in accordance with the terms of the Agreement. The Depositor hereby purchases said 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 2.05 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 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: (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 http://�,ww.see.gov/Archives/edgar/data/13 89749/000089968107000230/national-ex9917_... 9/28/2011. Exhibit 99.17 Page 2 of 3 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 Bank One Loans. (b) The Depositor is duly qualifiedto do business and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business shall require such qualifications. (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 Transferred Bank One 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 with its terms. (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 perfomn.ance by the Depositor of its obligations under, or the validity or enforceability of the Agreement or this Supplement. Article 4: Cross Receipt. The Program Lender hereby acknowledges receipt of the Minimum Purchase Price. The Depositor hereby acknowledges receipt of the Transferred Bank One Loans 'included in the Pool. 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 Bank One 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 http://v,Nk�J.sec.gov/Archives/edgar/data/13 89749/000089968107000230/national-ex9917 ... 9/28/2011 Exhibit 99.17 Page 3 of 3 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 the Pledged Account pledged under the Guaranty Agreement and under the Deposit and Security Agreement that relate to the Transferred Bank One Loans, and the Program Lender hereby releases any security interest it may have in such Pledged Account relating to the Transferred Bank One Loans. The 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] IN WITNESS WHEREOF,the parties have caused this Supplement to be executed as of the date set forth above. THE FIRST MARBLEHEAD CORPORATION By:/s/John A. Foxgrover John A. Foxgrover Senior Vice President JPMorgan Chase Bank,N.A, as successor by merger. to BANK ONE,N.A. (Columbus, Ohio), By:/s/Joseph F. Sergi Joseph F. Sergi Vice President THE NATIONAL COLLEGIATE FUNDING LLC By: GATE Holdings, Inc.,Member By: s/John A. Fox over John A.Foxgrover Vice President Schedule 1 [Transferred Bank One Loans] http://v,,ww.see.-ov/Archives/edc,ar/data/13 89749/000089968107000230/national-ex9917 ... 9/28/2011 EX-99 7 national ex995 031107.htm EXHIBIT 99.5 DEPOSIT AND SALE AGREEMENT THE NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1 This DEPOSIT AND SALE AGREEMENT(the "Sale Agreement"), dated as of March 8, 2007, between The National Collegiate Funding LLC, as seller(in such capacity, the "Seller"), and The National Collegiate Student Loan Trust 2007-1, as purchaser(the "Purchaser"), shall be effective upon execution by the parties hereto. WHEREAS, the Seller is the owner of certain student loans; and WHEREAS, the Seller desires to sell its interest in such student loans and the Purchaser desires to purchase such loans from the Seller. NOW, THEREFORE, in connection with the mutual promises contained herein, the parties hereto agree as follows: ARTICLE I TERMS This Sale Agreement sets forth the terms under which the Seller is selling and the Purchaser is purchasing the student loans listed on Schedule 1 or Schedule 2 to each of the Pool Supplements set forth on Schedule A attached hereto (the "Transferred Student Loans'). ARTICLE II DEFINITIONS Capitalized terns used but not otherwise defined herein shall have the definitions set forth in Appendix A of the Indenture dated as of March 1, 2007 between U.S. Bank National Association(the "Indenture Trustee') and the Purchaser. ARTICLE III SALE AND PURCHASE Section 3.01. Sale of Loans. The Seller hereby sells and the Purchaser hereby purchases the Transferred Student Loans. Section 3.02. Assignment of Rights. The Seller hereby assigns to the Purchaser and the Purchaser hereby accepts all of the Seller's rights and interests under each of the Pool Supplements listed on Schedule A attached hereto and the related Student Loan Purchase Agreements listed on Schedule B attached hereto. Section 3.03. Settlement of the Payment. The Purchaser shall pay the Seller the purchase price set forth in Article 2 of each of the Pool Supplements by wire transfer in imrnediately available finds to the account specified by the Seller. Section 3.04. Assistance by Seller. Following the execution of this Sale Agreement, the Seller shall provide any reasonable assistance requested by the Purchaser in determining that all required documentation on the Transferred Student Loans is present and correct. ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER Section 4.01. General. The Seller represents and warrants to the Purchaser that as of the date of this Sale Agreement: (a) The Seller is duly organized and existing under the laws of the State of Delaware; and (b) The Seller has all requisite power and authority to enter into and to perform the terms of this Sale Agreement. Section 4.02. Loan Representations. The Seller represents and warrants to the Purchaser that with respect to each Transferred Student Loan purchased by the Purchaser pursuant to this Sale Agreement, the Seller is making the same representations and warranties made by the respective program lender with respect to each Transferred Student Loan pursuant to the respective Student Loan Purchase Agreement listed on Schedule B attached hereto. Section 4.03. Covenants. The Seller, in its capacity as purchaser of the Transferred Student Loans pursuant to the Pool Supplements, hereby covenants that it will enforce the covenants and agreements of each program lender in the respective Student Loan Purchase Agreement and related Pool Supplement. The Seller further covenants that it will not waive, amend, modify, supplement or terminate any Student Loan Purchase Agreement or Pool Supplement or any provision thereof without the consent of the Purchaser, which consent the Purchaser hereby agrees not to provide without the prior written consent of the Indenture Trustee and the Interested Noteholders in accordance with the Purchaser's covenant in Section 3.07(c)of the Indenture. ARTICLE V PURCHASE OF LOANS; REIMBURSEMENT Each party to this Sale Agreement shall give notice to the other such parties and to the Servicers,First Marblehead Data Services, Inc., the Indenture Trustee and Wilmington Trust Company(the "Owner Trustee") promptly, in writing, upon the discovery of any breach of the Seller's representations and warranties made pursuant to this Sale Agreement which has a materially adverse effect on the interest of the Purchaser in any Transferred Student Loan. In the event of such a material breach,the Seller shall cure or repurchase the Transferred Student Loan in accordance with the remedies set forth in the respective Student Loan Purchase Agreement. ARTICLE VI LIABILITY OF SELLER; INDEMNITIES The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Sale Agreement (a) The Seller shall indemnify, defend and hold harmless the Purchaser and the Owner Trustee in its individual capacity and their officers, directors, employees and agents from and against any taxes that may at any time be asserted against any such Person with respect to the transactions contemplated herein and in the other Basic Documents(except any such income taxes arising out of fees paid to the Owner Trustee), including any sales, gross receipts, general corporation,tangible and intangible personal property, privilege or license taxes and costs and expenses in defending against the same. (b) The Seller shall indemnify, defend and hold harmless the Purchaser and the Owner Trustee in its individual capacity and their officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities arising out of or imposed upon such Person through, the Seller's willful misfeasance, bad faith or gross negligence in the perfon-nance of its duties under this Sale Agreement, or by reason of reckless disregard of its obligations and duties under this Sale Agreement. Indemnification under this Section shall survive the termination of this Sale Agreement and shall include reasonable fees and expenses of counsel and expenses of litigation. If the Seller shall have made any indemnity payments pursuant to this'Section and the Person to or for the benefit of whom such payments are made thereafter shall collect any of such amounts from others, such Person shall promptly repay such amounts to the Seller, without interest. ARTICLE VII MERGER OR CONSOLIDATION OF, OR ASSUMPTION OF THE OBLIGATIONS OF, SELLER Any Person(a) into which the Seller may be merged or consolidated, (b)which may result from any merger or consolidation to which the Seller shall be a party or(c)which may succeed to the properties and assets of the Seller substantially as a whole, shall be the successor to the Seller without the execution or filing of any document or any further act by any of the parties to this Sale Agreement; provided, however, that the Seller hereby covenants that it will not consummate any of the foregoing transactions except upon satisfaction of the following:(1)the surviving Person, if other than the Seller, executes an agreement of assumption to perform every obligation of the Seller under this Sale Agreement, (u) immediately after giving effect to such transaction, no representation or warranty made pursuant to this Sale Agreement shall have been breached, (iii)the surviving Person, if other than the Seller, shall have delivered an Officers' Certificate and an opinion of counsel each stating that such consolidation, merger or succession and such agreement of assumption comply with this Section and that all conditions precedent, if any, provided for in this Sale Agreement relating to such transaction have been complied with, and that the Rating Agency Condition shall have been satisfied with respect to such transaction, (iv) if the Seller is not the surviving entity, such transaction will not result in a material adverse federal or state tax consequence to the Purchaser or the Noteholders, and (v) if the Seller is not the surviving entity, the Seller shall have delivered an opinion of counsel either(A) stating that, in the opinion of such counsel, all financing statements and continuation statements and amendments thereto have been executed and filed that are necessary Uly to preserve and protect the interest of the Purchaser in the Transferred Student Loans and reciting the details of such filings, or(B) stating that, in the opinion of such counsel, no such action shall be necessary to preserve and protect such interests. ARTICLE VIII LIMITATION ON LIABILITY OF SELLER AND OTHERS The Seller and any director or officer or employee or agent thereof may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder(provided that such reliance shall not limit in any way the Seller's obligations under this Sale Agreement). The Seller shall not be under any obligation to appear my prosecute or defend any legal action that shall not be incidental to its obligations under this Sale Agreement or the Student Loan Purchase Agreements, and that in its opinion may involve it in any expense or liability. ARTICLE IX SURVIVAL OF COVENANTS All covenants, agreements, representations and warranties made herein shall survive the consummation of the purchase of the Transferred Student Loans; ron vided, however, that to the extent any of the same relate to a corresponding covenant, agreement, representation or warranty contained in a Student Loan Purchase Agreement, the same shall survive to the extent that such corresponding covenant, agreement, representation or warranty survives the applicable Student Loan Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for the benefit of the Seller(including without limitation, under Article VI) shall bind and inure to the benefit of any successors or assigns of the Purchaser, including the Indenture Trustee. This Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by the Indenture Trustee, at the direction of the Noteholders or otherwise pursuant to the Indenture, of any covenant, agreement, representation or warranty required to be made or furnished by the Seller or the waiver by the Indenture Trustee, at the direction of the Noteholders or otherwise pursuant to the Indenture, of any provision herein contained shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof be construed to lessen the right of the Indenture Trustee, at the direction of the Noteholders pursuant to the Indenture,to insist upon the performance by the Seller in strict accordance with said terms. ARTICLE X COMMUNICATION AND NOTICE REQUIREMENTS All communications, notices and approvals provided for hereunder shall be in writing and mailed or delivered to the Seller or the Purchaser, as the case may be. Notice given in any such communication, mailed to the Seller or the Purchaser by appropriately addressed registered mail, shall be deemed to have been given on the day following the date of such mailing and shall be addressed as follows: If to the Purchaser,to: The National Collegiate Student Loan Trust 2007-1 c/o Wilmington Trust Company, as Owner Trustee Rodney Square North 100 North Market Street Wilmington, Delaware 19890-0001 Attention: Corporate Trust Department If to the Seller, to: The National Collegiate Funding LLC c/o First Marblehead Data Services, Inc. The Prudential Tower 800 Boylston Street—34th Floor Boston, MA 02199-8157 Attention: Ms. Rosalyn Bonaventure with a copy to: First Marblehead Corporation The Prudential Tower 800 Boylston Street—34th Floor Boston, MA 02199-8157 Attention: Corporate Law Department or to such other address as either party shall have provided to the other parties in writing. Any notice required to be in writing hereunder shall be deemed given if such notice is mailed by certified mail, postage prepaid, or band delivered to the address of such party as provided above. ARTICLE XI AMENDMENT This Sale Agreement may be amended by the parties hereto without the consent of the Noteholders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Sale Agreement or of modifying in any manner the rights of such Noteholders;provided that such action will not, in the opinion of counsel reasonably satisfactory to the Indenture Trustee, materially affect the interest of any such Noteholder. In addition, this Sale Agreement may also be amended from time to time by the Seller and the Purchaser, with the consent of the Noteholders of the Notes evidencing a majority of the Outstanding Amount of the Notes and the consent of the Certificateholders of the Certificates evidencing a majority of the percentage interest in the Certificates, for the purpose of adding any provisions to or changing in any mariner or eliminating any of the provisions of this Sale Agreement or of modifying in any manner the rights of the Noteholders or the Certificateholders, respectively;provided, however,that no such amendment shall(a) increase or reduce in any manner the amount of or accelerate or delay the time of collections of payments with respect to Transferred Student Loans or distributions that shall be required to be made for the benefit of the Noteholders, or(b)reduce the aforesaid percentage of the Outstanding Amount of the Notes or the Certificates, the Noteholders or the Certificateholders of which are required to consent to any such amendment, without the consent of all outstanding Noteholders or Certificateholders,respectively. Promptly after the execution of any such amendment or consent(or, in the case of the Rating Agencies, five Business Days prior thereto),the Purchaser shall famish written notification of the substance of such amendment or consent to the Indenture Trustee and each of the Rating Agencies. It shall not be necessary for the consent of Noteholders pursuant to this Section to approve the particular form of any proposed amendment or consent, but it shall be sufficient if such consent shall approve the substance thereof. Prior to the execution of any amendment to this Sale Agreement, the Owner Trustee shall be entitled to receive and rely upon an opinion of counsel stating that execution of such amendment is authorized or pennitted by this Sale Agreement. The Owner Trustee may, but shall not be obligated to, enter into any such amendment which affects the Owner Trustee's own rights, duties or immunities under this Sale Agreement or otherwise. ARTICLE XII ASSIGNMENT The Seller hereby assigns its entire right, title and interest as purchaser under this Sale Agreement and each Student Loan Purchase Agreement to the Purchaser as of the date hereof and acknowledges that the Purchaser will assign the same, together with the right, title and interest of the Purchaser hereunder, to the Indenture Trustee under the Indenture. ARTICLE XIII GOVERNING LAW THIS SALE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, INCLUDING SECTIONS 5- 1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW,BUT OTHERWISE WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES,AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS. ARTICLE XIV LIMITATION OF LIABILITY OF OWNER TRUSTEE Notwithstanding anything contained herein to the contrary,this instrument has been executed by Wilmington Trust Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Purchaser, and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Purchaser have any liability for the representations, warranties, covenants, agreements or other obligations of the Purchaser hereunder, as to all of which recourse shall be had solely to the assets of the Purchaser. For all purposes of this Sale Agreement, in the performance of any duties or obligations of the Purchaser hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of the terms and provisions of Articles VIII, IX and X of the Trust Agreement. [Signature Pages Follow] IN WITNESS WHEREOF, the parties hereto have caused this Sale Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. THE NATIONAL COLLEGIATE FUNDING LLC, as Seller By: GATE Holdings, Inc., Member By: /s/John A. Fo over Name: John A. Foxgrover Title: Vice President THE NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1, as Purchaser By: Wilmington Trust Company, not in its individual capacity but solely as Owner Trustee By: /s/Donald G. MacKelcan Name: Donald G. MacKelcan Title: Senior Vice President SCHEDULE A Pool Supplements Each of the following Pool Supplements was entered into by and among The First Marblehead Corporation, The National Collegiate Funding LLC and: • Bank of America,N.A., dated March 8, 2007, for loans that were originated under Bank of America's BAGEL Loan Program, TERI School Channel Loan Program, Direct to Consumer Loan Program and ISLP Loan Program. • Charter One Bank,N.A., dated March 8, 2007, for loans that were originated under the following Charter One programs:AAA Southern New England Bank, AES EducationGAIN Loan Program, Astrive Education Loan Program, AstriveAlliance Education Loan Program, Axiom Alternative Loan Program, CFS Direct to Consumer Loan Program, Citibank Education Assistance Loan Program, College Board Alternative Loan Program, College Loan Corporation Loan Program, Collegiate Solutions Alternative Loan Program, Custom Educredit Loan Program, EdFinancial Loan Program, Extra Credit II Loan Program(North Texas Higher Education), M&I Alternative Loan Program, National Education Loan Program, NextStudent Alternative Loan Program, ThinkFinancial Alternative Loan Program, and UPromise Alternative Loan Program, and WAMU Alternative Student Loan Program. • Citizens Bank of Rhode Island, dated March 8, 2007, for loans that were originated under Citizens Bank of Rhode Island's Alternative Loan Program, ISLP Loan Program, Compass Bank Loan Program, Navy Federal Alternative Loan Program, Penn State Undergraduate Loan Program, FinanSure Alternative Loan Program, and Xanthus Alternative Loan Program. • Comerica Bank, dated March 8, 2007, for loans that were originated under Comerica Bank's Private Loan Program. • First National Bank Northeast, dated March 8, 2007, for loans that were originated under First National Bank Northeast's Nelnet Alternative Loan Program. • HSBC Bank USA,National Association, dated March 8, 2007, for loans that were originated under the HSBC Loan Program. • The Huntington National Bank, dated March 8, 2007, for loans that were originated under The Huntington National Bank's Huntington Bank Education Loan Program • InsurBanc, dated March 8, 2007, for loans that were originated under the InsurBanc Loan Program • JPMorgan Chase Bank, N.A. (successor to Bank One,N.A.)dated March 8, 2007, for loans that were originated under Bank One's CORPORATE ADVANTAGE Loan Program, EDUCATION ONE Loan Program, and Campus One Loan Program • KeyBank National Association, dated March 8, 2007, for loans that were originated under KeyBank's Private Education Loan Program • Manufacturers and Traders Trust Company, dated March 8, 2007, for loans that were originated under Manufacturers and Traders Trust Company's M&T Alternative Loan Program. • National City Bank, dated March 8, 2007, for loans that were originated under National City Bank's Alterative Loan Program • National City Bank, dated March 8, 2007, for loans that were originated under National City Bank's Referral Loan Program, including the Astute Private Loan Program • PNC Bank,N.A., dated March 8, 2007, for loans that were originated under PNC Bank's PNC Bank Alternative Loan Program, Brazos Alternative Loan Program,Edvisors Alternative Loan Program, GE Money Bank Alternative Loan Program, Old National Bank Alternative Loan Program, and Regions Bank Alternative Loan Program. • Sovereign Bank, dated March 8, 2007, for loans that were originated under Sovereign Bank's Alternative Loan Program • SunTrust Bank, dated March 8, 2007, for loans that were originated under SunTrust Bank's SunTrust Alternative Loan Program. • TCF National Bank, dated March 8, 2007, for loans that were originated under TCF National Bank's Alternative Loan Program. • U.S. Bank National Association, dated March 8, 2007, for loans that were originated under U.S Bank's Alternative Loan Program. SCHEDULE B Note Purchase Agreements Each of the Note Purchase Agreements, as amended or supplemented, was entered into by and between The First Marblehead Corporation and: • Bank of America,N.A., dated April 30, 2001, for loans that were originated under Bank of America's BAGEL Loan Program, TERI School Channel Loan Program and ISLP Loan Program • Bank of America,N.A., dated June 30, 2006, for loans that were originated under Bank of America's BAGEL Loan Program, TERI School Channel Loan Program and ISLP Loan Program • Bank of America, N.A., dated April 1, 2006, for loans that were originated under Bank of America's Direct to Consumer Loan Program . • Charter One Bank, N.A., dated as of December 29, 2003 for loans that were originated under Charter One's AAA Southern New England Bank Loan Program • Charter One Bank, N.A., dated October 31, 2003, for loans that were originated under Charter One's AES EducationGAIN Loan Program. • Charter One Bank,N.A., dated May 15, 2002, for loans that were originated under Charter One's CFS Direct to Consumer Loan Program • Charter One Bank,N.A., dated June 30, 2003, for loans that were originated under Charter One's Citibank Education Assistance Loan Program • Charter One Bank,N.A., dated July 1, 2002, for bans that were originated under Charter One's College Loan Corporation Loan Program • Charter One Bank,N.A., dated December 1, 2003, for loans that were originated under Charter One's Custom Educredit Loan Program • Charter One Bank,N.A., dated May 10, 2004, for loans that were originated under Charter One's EdFinmcial Loan Program • Charter One Bank,N.A., dated September 15, 2003, for loans that were originated under Charter One's Extra Credit H Loan Program(North Texas Higher Education). • Charter One Bank,N.A., dated September 20, 2003, for loans that were originated under Charter One's M&I Alternative Loan Program. • Charter One Bank, N.A., dated November 17, 2003, for loans that were originated under Charter One's National Education Loan Program. • Charter One Bank, N.A., dated May 15, 2002, for loans that were originated under Charter One's NextStudent Alternative Loan Program. • Charter One Bank,N.A., dated March 25, 2004, for loans that were originated under Charter One's Astrive and AstriveAlliance Education Loan Programs. • Charter One Bank,N.A., dated May 15, 2003, for loans that were originated under Charter One's WAMU Alternative Student Loan Program. • Charter One Bank,N.A., dated February 15, 2005, for loans that were originated under Charter One's Referral Loan Program(including loans in the UPromise Alternative Loan Program, Collegiate Solutions Alternative Loan Program, College Board Alternative Loan Program, Axiom Alternative Loan Program, and TbinkFinancial Alternative Loan Program). • Citizens Bank of Rhode Island, dated April 30, 2004, for loans that were originated under Citizens Bank of Rhode Island's Alternative Loan Program, ISLP Loan Program, Compass Bank Alternative Loan Program, FinanSure Alternative Loan Program, Navy Federal Alternative Loan Program, and Xanthus Alternative Loan Program. • Citizens Bank of Rhode Island, dated October 1, 2002, for loans that were originated under Citizens Bank of Rhode Island's Penn State Undergraduate Loan Program. • Comerica Bank, dated June 30, 2006, for loans that were originated under Comerica Bank's Private Loan Program. • First National Bank Northeast, dated August 1, 2001, for loans that were originated under First National Bank Northeast's Nelnet Undergraduate Alternative Loan Program. • HSBC Bank USA,National Association, dated April 17, 2002, as amended on June 2, 2003 and August 1, 2003, for loans that were originated under the HSBC Loan Program • The Huntington National Bank, dated May 20, 2003, for loans that were originated under The Huntington National Bank's Huntington Bank Education Loan Program • InsurBanc, dated July 1, 2006, for loans that were originated under the InsurBanc Loan Program. • JPMorgan Chase Bank,N.A_ (successor to Bank One,N.A.), dated May 1, 2002, for loans that were originated under Bank One's CORPORATE ADVANTAGE Loan Program, EDUCATION ONE Loan Program, and Campus One Loan Program. • KeyBank National Association, dated May 12, 2006, for loans that were originated under KeyBank's Private Education Loan Program. • Manufacturers and Traders Trust Company, dated April 29, 2004, for loans that were originated under Manufacturers and Traders Trust Company's Alternative Loan Program • National City Bank, dated November 13, 2002, for loans that were originated under National City Bank's National City Alternative Loan Program • National City Bank, dated July 21, 2006, for loans that were originated under National City Bank's Referral Loan Program, including the Astute Private Loan Program • PNC Bank,N.A., dated April 22, 2004, for loans that were originated under PNC Bank's Alternative Conforming Loan Program, Brazos Alternative Loan Program, Edvisors Alternative Loan Program, GE Money Bank Alterative Loan Program, Old National Bank Altemative Loan Program, and Regions Bank Alternative Loan Program • Sovereign Bank, dated April 30, 2004, for loans that were originated under Sovereign Bank's Alternative Loan Program • SunTrust Bank, dated March 1, 2002, for loans that were originated under SunTrust Bank's SunTrust Alternative Loan Program • TCF National Bank, dated July 22, 2005, for loans that were originated under TCF National Bank's Alternative Loan Program • U.S. Bank National Association, dated May 1, 2005, for loans that were originated under U.S Bank's Alternative Loan Program Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY C THE.PRO-MONOk 2014 OCT 214 PM 3: 35 CUPENSYLVANATY OFFICSHERIFF National Collegiate Student Loan Trust 2007-1 vs. Jennifer Gensel n/k/a Rollason Case Number 2014-5979 SHERIFF'S RETURN OF SERVICE 10/17/2014 12:10 PM - Chief Deputy Jody S. Smith served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jennifer Gensel n/k/a Rollason at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. SHERIFF COST: $41.56 October 21, 2014 (c) CountySuite Sheriff, Te eosoft, Inc. SW JODY S. S ITH, DEPUTY SO ANSWERS, 1‘1,/(-2L RONR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-1 : CIVIL DIVISION Plaintiff vs. JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Defendant : NO: 14-5979 CIVIL • • 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 $41,264.03. Notice of the intent to file a default judgment was served upon the Defendant on December 02, 2014. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Abrahamse Ratchford, ' .0 ichae F. Ratchford, E . quire Attorney I.D. No.: 8628 Attorney for Plaintiff JUDGMENT AND NOW, this � day of -cam 1, 20 )Judgment is hereby entered in favor of the Plaintiff, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1 and against the Defendant, JENNIFER GENSEL in the amount of $41,264.03 for failure to respond to Plaintiff's Complaint. PROTHONOTARY oak s.sepel a R*-315LISO J. t 1110:i ie IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1 vs. JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Plaintiff : CIVIL DIVISION : NO: 14-5979 CIVIL Defendant • • • • 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: JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Date: January 7, 2014 Abrahamsen Ratchford, P.C. Bv: ael F. Ratchford, Esquire orney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 NATIONAL COLLEGIATE STUDENT LOAN . TRUST 2007-1 vs. Plaintiff JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: 14-5979 CIVIL NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above -captioned matter as been entered against you in the amount of $ a I p N. b 3 on 1 S By: If you have any questions regarding this notice, please contact the filing party: Abrahamsen Ratchford, P.C. 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) NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-1 vs. JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division NO: 14-5979 CIVIL . AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS Defendant 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): JENNIFER GENSEL 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): JENNIFER GENSEL is(are) older than eighteen years of age; That the employment status of the defendant(s): JENNIFER GENSEL is(are) unknown. bscribed before me this [ day • r.� ' bis Michael . Ratchford, Esq ire 20 15 COMMQNWEALXH OF PENNSYLVANIA Notarial Seoi Dyannn E, Rupp, Nothry Public Oty_or SCralliOni Wnno County twarVelEO 5 N N201OTARIES 120 N. KEYSER AV1E. SCRANTON. PA. 18504-9701 (P)I-800-503-1665 (F)570-558-5511 OFFICE HOURS: (All times are Eastern) Monday to Thursday 8:00AM - 6:00PM Friday 8:OOAM-5:00 I'M 3ia Saturday each mouth 8:00 AM - 12:00 PM A R THE LAW OFFICE OF ABRAHAMSEN RATCHFORD, P.C. WWW.LAW-AR.COM Formerly known as Edwin A. Abrahamsen & Associates, P.C. December 3; 2014 JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 EDWIN A. ABRAHAMSEN MICHAEL F. RATCHFORD SCO1-r J. BEST* ERIN M. REC7_EK•• *Licensed in PA & NJ **Licensed in MA. ME &. NH Re: NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-I vs JENNIFER GENSEL CUMBERLAND County Civil Action No.:14-5979 CIVIL Our file No.: N 1400836/AMP Dear JENNIFER GENSEL: 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. Abrahamsen Rate .. ord. P.C.. Enclosure Michael F. Ratchford, E uire This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 N KEYSER AYE SCRANTON, PA 16504 (P) 570.558.5510 (F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-1 : CIVIL ACTION Plaintiff : vs. JENNIFER GENSEL : NO: 14-5979 CIVIL Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Date of Notice: December 3, 2014 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU 1-IAVE 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 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 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. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT : LOAN TRUST 2007-1 : CIVIL ACTION Plaintiff : vs. JENNIFER GENSEL : NO: 14-5979 CIVIL Defendant : CERTIFICATE OF SERVICE 1, Michael F. Ratchford, Esquire, hereby certify that on December 3, 20141 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: JENNIFER GENSEL 454 SHED RD NEWVILLE PA 17241-8759 Abrahamsen Ratchford, P.C. BY: M �a= F. ' atchford squire Corney I.D. No.: 8 85 120 N Keyser Ave e Scranton. PA 1850 (570) 558-5510 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act Last Name: GENSEL First Name: JENNIFER Middle Name: Active Duty Status As Of: Jan -07-2015 Results as of : Jan -07-2015 05:50:41 AM SCRA 3.0 .: .. . ' On Active Duty On Active Duty Status Date ... . Active Duty: Start Date gActive:Duty End Date Status Service Component NA NA . .'Ti�ra+t' - i N - NA This response reflects'the individuals active�dply status based on, the Active DutyStatus Date IIs The Member or NisiHer Unit Was Notified of a Future Call -Up to Active Duty on Active Duty. Status: Date • Left ActiveDuy Within 367 Days of Active Duty Status Date Order Notification End Date - - - - - Active Duty Start Date .. Service Component ,... . Active Duty End Date Status ,,,y ,p p : te r _: rP!o $ Service Component NA r: P'INA..'�,3 ' t:�f'>+:Np::.Vk: NA ira,:+i ri..� '." ;r.-3^� aF„` Y,. ': a�?.1. 4�.�,�” - .".,.:. '10',"X.11 This response reflects ere;the individual left -active d status within 367:days preceding the Active y Status Date IIs The Member or NisiHer 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 .dt ` # �NA?E . '-'"...*t. ,,,y ,p p : te r _: rP!o $ NA This response reflects whetfierthe indmdual or his/hg-unit has received eeaarly not gab to.report for active duty Upon searching the data banks of the Department of Defense Manpower Data ;Center based'ron.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 UnifomaedSen. 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/PC09SLDR.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: H18CNAO9D1BAY80