HomeMy WebLinkAbout14-7003 supreme,Court-of Pennsylvania.
Cou f Com Pleas
O T Qet For Prothonotary Use Onlw
e'. Docket No: �T
C, ; ; , D County ,q
The information collected on this form is used soler for cour7 administration pwposes. Tftis form.does not
supplement or replace the filing and service of pleadings or other papers as required by lav or rules of court.
S Commencement of Action:
® Complaint ❑Writ of Summons ❑ Petition
❑Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff s Name: Lead Defendant's Name:
T; CANISIUS COLLEGE GREGG WOLTZ
Dollar Amount Requested: ®within arbitration limits
Are money damages requested? ® Yes [I No (check one) Eloutside arbitration limits
NIs this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No
Name of Plaintiff/Appellant's Attorney: Apothaker Scian P.C.
A;
i ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
L
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.
C TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
I El Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ® Debt Collection:Other ❑ Board of Elections
Dept.of Transportation
❑Nuisance ❑ P P
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability(does not ❑ Employment Dispute:
s include mass tort) Discrimination
UElSlander/Libel/Defamation El Employment Dispute: Other
El Other: [I Zoning Board
C::,
❑
Other:
❑ Other:
`} MASS TORT
❑ Asbestos
❑ Tobacco
❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration
❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
$-' ❑ Other: ❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑Non-Domestic Relations
❑ Mortgage Foreclosure:Residential Restraining Order
❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
PROFESSIONAL ElPartition ❑ Replevin
❑ Quiet Title ❑ Other:
LIABLITY
❑ Other:
❑ Dental
❑ Legal
❑ Medical
❑ Other Professional:
Updated 1/1/2011
Our File No.: 387095 7;;' �;���'���1,C E
Apothaker Scian P.C. �'�'
By: Kimberly F. Scian,EsquireiJt €_1 10:
Attorney I.D. #55140 � �.,' 54
Ef,� y
520 Fellowship Road Suite C306, PO Box 5496 1'l f� aS r.{j3 /^CFt! UN T y
x .± ti L Af'41A
Mt. Laurel,NJ 08054-5496
(800) 672-0215
Attorneys for Plaintiff
CANISIUS COLLEGE ) COURT OF COMMON PLEAS
2001 MAIN ST ) CUMBERLAND COUNTY
BUFFALO,NY 14208 ) 1q, �Q Y'(Plaintiff, ) NO.: J
VS. )
GREGG WOLTZ )
30 SUSSEX DRIVE )
CARLISLE,PA 17013-1792 )
Defendant. )
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
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
34 S. BEDFORD ST.
CARLISLE PA 17013
717-249-3166
tel ► i
Our File No.: 387095
Apothaker Scian P.C.
By: Kimberly F. Scian, Esquire '
Attorney I.D. #55140
520 Fellowship Road Suite C306, PO Box 5496
Mt. Laurel,NJ 08054-5496
(800) 672-0215
Attorneys for Plaintiff
CANISIUS COLLEGE ) COURT OF COMMON PLEAS
2001 MAIN ST ) CUMBERLAND COUNTY
BUFFALO,NY 14208 )
Plaintiff, ) NO.:
VS. )
GREGG WOLTZ )
30 SUSSEX DRIVE )
CARLISLE, PA 17013-1792 )
Defendant. )
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is CANISIUS COLLEGE is a University that participates in the Perkins Loan Program
located at 2001 MAIN STREET, BUFFALO,NY 14208.
2. Defendant(s) is/are GREGG WOLTZ, an adult individual residing at 30 SUSSEX DRIVE
CARLISLE,PA 17013-1792.
3. At the special insistence and request of Defendant while Defendant was enrolled at CANISIUS
COLLEGE, Defendant executed a Promissory Note ("Note") pursuant to which Plaintiff advanced certain sums
to Defendant, under the Perkins Loan Program.
4. That Defendant executed notes as listed below:
Principal Amount Disbursement Date
Note#1 $ 750.00 August 30, 1993
$ 750.00 January 18, 1994
5 The defendant has failed to make timely payments and there is still due on said accounts the
principal sum of$1,500.00,together with interest in the amount of$327.79, collection costs in the amount of
$782.05 of which no part has been paid, although repeated demands for same have been made and as often
refused. Attached hereto as Exhibit"A"and incorporated by reference herein, is the Promissory Note and
Account Statement.
6. Interest accrues from the date the loan is disbursed until the loan is paid in full. Unpaid
accrued interest may be capitalized based on the Promissory Note.
7. Pursuant to The Note, Plaintiff is entitled to reasonable collection fees.
8. The amount due is not subject to further setoff or credit.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
1,500.00, together with interest in the amount of$327.79, collection costs in the amount of$782.05 for a total of
$2,609.84.
Apothaker Scian P.C.
Attorney for Plaintiff
A Law Firm Engaged ' -Debt Collection
BY:
L-------1111trly F. Scian, Esquire
Dated: 11/5/2014
Our File No.: 387095
387095
VERIFICATION
I, �f�!' hereby state that I am for Plaintiff. I
hereby verify that,upon information and belief,the statements made in the foregoing Civil Action Complaint are
true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Affiant N
Defendant's Name: GREGG WOLTZ
Account Number: ending in 24A
FEDERAL PERKINS LOAN
ACCOUNT STATEMENT
DATE
April 3,2014
INSTITUTION CANISIUS COLLEGE
STUDENT'S NAME WOLTZ,GREGG
AKA SSN xxx-xx-0429
ACCOUNT NUMBER T00010093 PER24A
DATE OF PROMISSORY NOTE
DATE OF FIRST DISTRIBUTION 09/30/93
DATE OF LAST PAYMENT
INTEREST START DATE 03/01/00
INTEREST RATE 5.00%
ORIGINAL PRINCIPAL $ 1,500.00
INTEREST TO DATE $ 287.11
PER TITLE 34 CFR 674 COLLECTIONS COST TO DATE $ 734.05
LATE FEES TO DATE $ 48.00
TOTAL $ 2,569.16
APPLIED TO PRINCIPAL $
APPLIED TO INTEREST $ _
APPLIED TO COLLECTIONS COST $
APPLIED TO LATE FEES $ _
PAYMENTS TOTAL :
BALANCE AFTER ANY PAYMENTS $ 2,569:16:
UNPAID PRINCIPAL AT THIS DATE $ 1;50000
UNPAID INTEREST AT THIS DATE $ 287.11
PLUS
ASSESSED COLLECTION COST TO BORROWER (SPCC) 40.06% $ 734.05
LATE:CHARGES $ 48.00
TOTAL DUE, p $ 2,569:16
STATE OF N e6V o/Vc-
COUNTY OF
I AFFIRM THAT AS OF THIS DATE THE ABOVE BALANCE IS TRUE AND CORRECT
THE BEST QF MY-KNOWLEDGE
S A URE OF SCHOOL OFFICIAL DATE
SWORIaO AND SUBSCRIBED BEFORE ME THIS DAY OF BL R V1,.FOi�•1 ER
20 /7 e fliutvn i n Na, 4 1'�' 47217SA
*_f — st .rss R s,riaiic;, :>1tc iii;Jv 'ce"k
I3 d in Frie Count iyt }
NOTARY BLIC(SIGNATURE) NAME
S•S•a � � - I tir; f >� schedule to reflect my income.
�Promispory Note— PERKINS LOAN (5)(A) If the monthly rate that would be established under
, promise paragraph 111(1),or the total monthly repayment rate of principal
and interest on all my Perkins Loans,including this loan, is less
to pay to CaniP6College (her ' iter called the Institution), than$40 per month, I shall repay the principal and interest on
located at 2001 Main Street, Buffalo, NY 14208,the surn of the this loan at the rate of$40 per month(which includes both principal
amounts that are advanced to me and endorsed in the Schedule and interest).
of Advances set forth below. I promise to pay all reasonable (5)(B)If I have received Perkins Loans from other institutions
collection costs, including attorney fees and other charges, and the total mopthly repayment rate on those loans is less than
necessary for the collection of any amount not paid when due. $40,the$40 monthly payment established under subparagraph
I further understand and agree that: 111(5)(A)includes the amounts I owe on all my outstanding Perkins
I. General Loans,including those received4rom other institutions.The portion
(1)Applicable Law. All sums advanced under this note are of the $40 monthly payment that will be applied to this loan will
drawn from a fund created under Part E of Title IV of the Higher be the difference betwe
en§49 and the total of the amounts owed
Education Act of 1965,as amended(hereinafter called the Act), at a monthly rate on my other Perkins Loans,
and are subject to the Act and the Federal Regulations issued (6)The Institution may permit me to pay less than the rate
under the Act. The terms:of this note shall be interpreted in of$40 per month for a period of not more than one(1)year where
I accordance with the Act and Federal Regulations,copies of which necessary to avoid hardship to me unless that action would extend
are to be kept by the Institution, the repayment period in paragraph 111(1).
(2) Procedures For Receiving,Deferment or Cancellation. 1 (7)The institution may,upon my written request,reduce any
. understand that to.receive.a deferment or cancellation, I must scheduled repayments or extend the repayment period Indicated
f request the deferment or cancellation'in writing from the Institution, in paragraph 111(1), if, in its opinion, circumstances such as
aria must submlt'to the Institution any documentation required prolonged illness or unemployment prevent me from making the
i, -by the Institution to prove.that I quality for the deferment or scheduled payments..However, interest shall continue_to accrue.
It cancellation.I further understand that if I am eligible for deferment IV. Prepayment
or cancellation under Articles VI through XII.,I am responsible for (1)1 may,at my option and without penalty,prepay all or any
{ submitting the appropriate requests on time.I further understand part of the principal,plus any accrued'interest thereon,at any time.
that I may lose my deferment and cancellation benefits:if I fail (2)Amounts 1 repay in the academic year in which the loan
to file my request on time,
was made and the initial grace period has not ended will be used
(3)Credit:Bureau Reporting.Credit Bureaus.will be notified to reduce the amount of the loan and will not be considered a
of this debt at the time of disbursement.This is only reported as prepayment.
an amount borrowed and payments are not yet due. (3)if I repay amounts during the.academic year in which the
If. Interest. loan was made and the initial grace.period ended,:.only.those
'Interest shall accrue from the beginning of the repayment' amounts in excess of the amount due for any repayment period
period and shall be at the ANNUAL'PERCENTAGE RATE OF); shall be considered a prepayment.
FIVE PERCENT(5%)on the unpaid balance,except that no interest (4)If,in an academic year other than the award year in which
shall accrue during any deferment period described in paragraph the loan was made, I repay more than the amount due for an
installment,the excess will be used to repay principal unless I
UI. _Repayment designate it as an advance payment of the next regular
(1) 1 promise to repay the principal and the interest that installment.
accrues on it to the Institution over a period beginning nine(9) V. Default
months after the date I cease to be at least a half-tune student (1)The Institution may, at its option,declare my loan to be
at an institution of higher education,or at a comparable institution in default and may demand immediate payment of the entire
outside the United States approved for this purpose by the United unpaid balance of the loan, including principal, interest, late
States Secretary of Education(hereinafter called the Secretary), charges, and collection costs if—
and..ending ten(10)years later, unless that period is shortened (A)I do not make a scheduled payment when due under the
underparagraph 111(5),or extended under paragraphs 111(4),111(7) repayment schedule established by the Institution, and
(extensions), or VI(1).(deferments). (B) I do not submit to the Institution, on or before the date
(2)Upon my written request,,the repayment period.may start on which payment is due, documentation that I qualify for a
on a date earlier than th*ent
indicated in para h III(1), deferment or cancellation described in Article VI,VII,VIII, IX,X,
(3)(A) 1 promise to ral and ante stover the XI, or XII of this agreement.
course 614hb,repaymental monthly, ti thly,or (2) 1 understand that if I default on my loan,the-Institution
4 elf` installments, b%== ,I may disclose that I have defaulted, along with other relevant
nderst n hat if my insnt fde_.,, information,to credit bureau organizations.
to me by the Institution is not a multiple of$5,the Institution may (3)Further,I understand that if I default on my loan and the
round that payment to the next highest dollar amount.that is a loan is assigned to the Secretary for collection,the Secretary may
multiple of$5. disclose that I have defaulted, along with other relevant
(B) Notwithstanding paragraph 111(3)(A), upon my written information; to credit bureau organizations.
request, repayment may be made in graduated installments in (4) 1 understand that if I default on my loan, I then will lose
accordance with a schedule approved by the Secretary, my right to defer repayments.
(4) Notwithstanding paragraph III(1), if I quality as a low- (5) 1 understand that if the Institution accelerates the loan
income individual during the repayment period, the Institution, under paragraph V(1), I then will lose my right to receive a
upon my written request, may extend the repayment period for cancellation of a portion of my loan for any teaching,Head Start,
up to an additional ten(10)years and may adjust any repayment military, volunteer, law enforcement, or corrections service
— 7of4 —
described in Articles VII, VIII, IX, X, and XI performed after the `VII. Cancellation for Teaching
date the Institution accelerated the loan. (1) 1 understand that upon making a properly documented
(6) 1 understand that failure to pay this obligation under the written request to the institution, I am entitled to have up to 100
terms agreed upon will prevent my obtaining additional student percent of the amount of this loan plus the interest thereon
financial aid authorized under Title IV of the Higher Education canceled if I perform service—
Act of 1965, as amended, until I have made arrangements that (A) As a full-time teacher in a public or other nonprofit
are satisfactory to the Institution or the Secretary regarding the elementary or secondary school in the school district of a local
repayment of the loan. educational agency that is eligible in such year of service for funds
VI. Deferment under Chapter 1 of the Education Consolidation and Improvement
(1) 1 understand that upon making a properly documented Act of 1981,as amended,and which has been designated by the
written request to the Institution, I myy defer making scheduled Secretary (after consultation with each State Department of
installments and will not be liable dor any interest that might Education)in accordance with the provisions of section 465(a)(2)
otherwise accrue, during the following periods; of the Act as a school with a high concentration of students from
(A)While I am enrolled and in attendance as at least a half- low-income families,An official Directory of designated low-income
a time student at an institution of higher education or at a schools is.published annually by the Secretary,
comparable institution outside the United States approved for this (B)As a full-time teacher of handicapped children(including
purpose by the Secretary. those who are mentally retarded, hard of hearing, deaf, speech
(B)For any period not to exceed three(3)years during which and language impaired, visually handicapped, seriously
x I am-- emotionally disturbed, orthopedically impaired, have specific
(i)On full-time active duty as a member of the Armed Forces learning disabilities,or are otherwise health-impaired children,who
of the United States (Army, Navy, Air Force, Marine Corps, or by reason thereof require special education and related services);
Coast Guard) or the National Oceanic and Atmospheric in a public or other nonprofit elementary or secondary
Administration Corps, or as an officer on full-time duty in the school system.
Commissioned Corps of the United States Public Health Service, (2)A portion of this loan will be canceled for each completed
(ii) In service as a volunteer under the Peace Corps Act, year of teaching service at the following rates:
(A) 15 percent of the total principal amount of the loan plus
(iii} A volunteer under the Domestic Volunteer Service Act interest on the unpaid balance accruing during that year will be
of 1973{ACTION programs),
(iv) A foil-time volunteer in atax-exempt organization canceled for each of the first and second complete academic years
performing service comparable to the service performed in the of that teaching service, and
Peace Corps or under the Domestic Volunteer Service Act of 1973 (B)20 percent of the total principal amount plus interest on
(ACTION programs), or the unpaid balance accruing during that year for each of the third
(v)Temporarily,totally disabled as established by an affidavit and fourth complete academic years of that teaching service,and
of a qualified physician,or unable to secure employment because (C)30 percent of the total principal amount plus interest on
1 am providing care-required by my dependent who is so disabled. the unpaid balance accruing during that year for the fifth complete
(C) For a period not in excess of two (2) years --
academic year of that teaching service.
(i) After I receive a baccalaureate or professional degree Vill. Head Start Cancellation
during which time I am serving in an internship that is required (1) 1 understand that upon making a properly documented
in order that I may receive professional recognition required to written request to the Institution, I am entitled to have up to 100
begin my professional practice or service, or percent of the amount of this loan plus the interest thereon
(ii)Serving in an internship or residency program leading to canceled if I perform service as a full-time staff member in a Head
a degree or certificate awarded by an institution of higher Start program if --
education, a hospital, or a health-care facility that offers (A)That Head Start program is operated for a period that is
postgraduate training. comparable to a full school year in the locality, and
(D)For a period not in excess of one(1)year during which, (B) My salary isnot more than the salary of a comparable
if I am a mother of preschool age children, I have entered or employee of the local educational agency,
reentered the work force,and am being paid at a rate that does
not exceed$1 more than the minimum hourly wage established (2)This loan will be canceled at the rate of 15 percent of the
by section 6 of the fair Labor Standards Act of 1938, total principal amount plus interest on the unpaid balance accruing
E For during that year for each complete school year or equivalent period
( ) period not in excess of six {6} months —
(i)That follows by six(6)months or less a period during which of service in a Head Start program.
I was enrolled as at least a half-time regular student at an eligible (3)Head Start is a preschool program carried out under the
institution; and Head Start Act.
(ii)During which I am pregnant,caring for my newborn baby, IX. Military Cancellation
or caring for a child immediately after he or she was placed with
me through adoption and I am neither attending an eligible (1) 1 understand that upon making a properly documented
institution of higher education nor gainfully employed. written request to the Institution, I am entitled to have up to 50
(F) During a six (6) month period immediately following percent of the principal amount of this loan plus the interest
expiration of any deferment provided in paragraphs VI(1)(A) thereon canceled if I serve as a member of the Armed Forces of
through VI(1)(E), the United States in an area of hostilities that qualifies for special
(2)The Institution may, upon my written request, defer my pay under section 310 of Title 37 of the United States Code.
scheduled repayments if it determines that the deferment is (2)This loan will be canceled at the rate of 12 112 percent
necessary to avoid financial hardship for me. Interest, however, of the total principal amount plus interest on the unpaid balance
will continue to accrue, accruing during that year for each complete year of such service.
— 2of4 —
X. Volunteer Service Cancellation (ii)Include it with the next scheduled repayment after I have
(1) 1 understand that upon making a properly documented received notice of the late charge.
written request to the Institution, I am entitled to have up to 70 (B) If the Institution elects to add the late charge to the
percent of the amount of this loan plus the interest thereon outstanding principal of the loan,it must so inform me before the
canceled if I perform service-- due date of the next installment.
(A) As a volunteer under the Peace Corps Act; or XV. Assignment
(B)As a volunteer under the Domestic Volunteer Service Act (1)This note may be assigned by the Institution only to —
of 1973 (ACTION programs). (A) The United States;
(2) This loan will be canceled at the following rates: (B)Another institution upon-my transfer to that institution if
(A) 15 percent of the total principal amount of the loan plus that institution is participating in this program; or
interest on the unpaid balance during that year will be canceled (C) Another institution approved by the Secretary.
for each of the first and second twelve (12) month periods of (2) The provisions of this note that relate to the institution
volunteer service completed; shall, where appropriate, relate to an assignee.
(B)20 percent of the total principal amount of the loan plus XVI. Prior Loans
interest on the unpaid balance accruing during that year will be I hereby certify that I have listed below all of the Perkins Loans
canceled for each of the third and fourth twelve(12)month periods I have obtained at other institutions. (if no prior loans have been
p of volunteer service completed. received, state "None.")
XI. Law Enforcement or Corrections Officer Cancellation PERKINS LOANS AT OTHER INSTITUTIONS
(1) 1 understand that upon making a properly documented
written request to the Institution, I am entitled to have up to 100 Amount Date Institution
percent of the amount of this loan plus the interest thereon 1
canceled if I perform qualifying service after the period for which
I received the loan — 2 ell
(A)As a full-time law enforcement officer for an eligible local,
State or Federal law enforcement agency; or XVII. Schedule of Advances
(B)As a full-time corrections officer for an eligible local,State, The following amounts were advanced to me under this loan
or Federal corrections agency. agreement on the dates indicated:
(2)A portion of this loan will be canceled for each completed
year of law enforcement of corrections service at the following A punt Date nature o ower
rates: Cz
(A) 15 percent of the total principal amount of the loan plus
interest on the unpaid balance accruing during that year for each 2
of the first and second complete years of that service, and
(B)20 percent of the total principal amount plus interest oral/Lf 3 X
the unpaid balance accruing during that year for each of the third 9y
and fourth complete years of that service, and NOTICE TO BORROWER:DO NOT SIGN THIS NOTE BEFORE
(C)30 percent of the total principal amount plus interest on YOU READ IT..
the unpaid balance accruing during the year for the fifth complete
year of that service. I UNDERSTANDA D AGREE TO ALL OF THE FOREGOING.
TERMS AND C ITIONS,
XII. Death and Disability Cancellation
(1) In the event of my death,the total amount owed on this (This note is si as a se ment.)
loan will be canceled. Signatur {seal)
(2)If I become permanently and totally disabled after I receive 17(� �a 7
rive�X ,
icens # !D# Z this loan,the Institution will cancel the total amu of this
+l-oa Yat -
XIII. Change In Name, Address, Permanent Address(Street or Box Number,City,State,and Zip)
Telephone Number, or Social Security umber X
I am responsible, and any endorser is responsible, for X 7
informing the Loans Technician at the Institution of any change E
in name,address,telephone number,or Social Security number. Social Security Na. (borrower must provid
XIV. Late Charge The borrower and Institution shall executd-t note without
(1) The Institution will impose a late charge if --- security and without endorsement unless the borrower is a minor
(A) I do not make a scheduled payment when it is due, and and this note would not, under the law of the State in which the
Institution is located,create a binding obligation. If the borrower
(B) I do not submit to the Institution, on or before the date
on which payment is due, documentation that 1 qualify fora is a minor and this note would not therefore be legally binding,
the Institution shall require a cosigner to this note.
deferment or cancellation described in Articles VI, VII, Vill, IX, Signature of cosigner X (seal}
X, X1, and XII of this agreement.
(2) No charge may exceed 20 percent of my monthly, Date X 19
bimonthly, or quarterly payment, Permanent Address(Street or Box Number,City,State,and Zip)
(3) (A) The Institution may — X
(i) Add the.late charge to the principal the day after the X
scheduled repayment was due; or Social Security No. (cosigner must provide) X
—3of4 —
The Institution shall provide a copy of this note to you and any at least$90.00.It may be more if the amount borrowed is sufficient
cosigner and you should retain the copy for your records. to require larger payments. j
(Authority: 20 U.S.C. 1087dd) 5) 1 understand that the ANNUAL PERCENTAGE RATE of
5%will be the FINANCE CHARGE based on the unpaid balance
CANISIUS COLLEGE DISCLOSURE REQUIREMENTS ACCORDING and that it will begin to accrue NINE months after I cease to be
2001 Main Sireet TO THE TRUTH IN LENDING PROVISIONS OF enrolled as at least a half-time student.
Buffalo, NY 14208 THE CONSUMER CREDIT PROTECTION ACT 6)1 understand that cancellation of benefits will be granted
for certain types of elementary or secondary school teaching;for
The Perkins Loan Program which you have received,together with military services in areas of hostilities;for full-time staff members
an ANNUAL PERCENTAGE RATE OF 5%on the unpaid balance, of head start; volunteers under the Peace Corps Act or the i
is repayable in accordance with a repayment schedule to be Domestic Volunteer Service Act; and in the event of death or
executed at the time you terminatd at least half-time study at permanent disability.1 also accept the responsibility to inform the
" Canisius College. The FINANCE CHARGE begins to accrue at school of such status.
the termination of the grace or other deferment period. 7)1 understand that if I enter the military service,Peace Corps,
T The AMOUNT FINANCED (estimated) $ is VISTA,Public Health or participate as a volunteer for a non-profit
repayable in accordance with the provisions of the promissory note organization or return to at least half-time student at an institution
0 and the payment schedule to be attached thereto; and this is of higher education, I may request that the payments on my
subject to provisions relating to DELINQUENCY and DEFAULT student loan be deferred.Also, if I experience a temporary total
CHARGES as specified in this Disclosure Statement. disability or am unable to secure employment by reason of care
If the Maker fails to make timely payment of all or any part of a required by a spouse who is disabled; or by having a disabled
scheduled installment, or if the Maker is eligible for deferment dependent, I am entitled to a deferment.
of payment,but fails to submit timely and satisfactory evidence 8)1 understand that I am eligible for a deferment by serving
thereof,the Maker promises to pay the charge assessed against on active duty in the National Oceanic and Atmospheric
him by the lending institution. No charge may exceed:(1)where Administrative Corps,
the loan is repayable in monthly installments,$1 for the first month 9) 1. understand that I may receive a deferment if I am
or part of a month by which such installments or evidence is late, pregnant, caring for my newborn baby, or caring for a child
and$2 for each month or part of a month theroafter;or(2)in the immediately after he or she was placed with me through adoption I
case of a loan which is repayable in bimonthly or quarterly and I am not attending an eligible institution of higher education `
installments,$3 and$6,respectively,for each installment interval or being gainfully employed during the six month period. 1
or part thereof by which such installment or evidence is late. 10)1 understand that as a mother of preschool age children {
The assessed charge will be added to the outstanding interest who has entered or reentered the work force,being paid at a rate
of the loan. Payments received will be applied, first to any late which does not exceed$1.00 above the minimum hourly wage,
charge due,second to any interest due and,third to principal due, I may be eligible for a deferment.
in this order. 11) 1 understand that if I fail to repay any loan payment as
The Maker may, at his/her option,and without penalty, prepay agreed; the total loan may become due. and payable
all or any part of the principal plus the accrued interest at any time. IMMEDIATELY and legal action could be taken against me.
12) 1 understand that I will promptly answer ANY
PERKINS LOAN PROGRAM communication from Canisius College regarding the loan. I
Formerly NDSL 13)l understand I may prepay at anytime. I further understand
STATEMENT OF RIGHTS AND RESPONSIBILITIES 14)l
future interest will be reduced by making such payments.
14)I understand that if I cannot make payment on time,I must i
A Perkins Loan Program is. a serious legal obligation. contact Canisius College to make.arrangements.
Therefore,it is extremely important that you understand your rights 15)1 authorize Canisius College to contact any school which
and responsibilities. When you, the student borrower, sign this I may attend,to obtain information concerning my student status,
statement it means that you do understand your responsibilities, my dates of attendance, graduation, or withdrawal, my transfer
and you agree to honor them. to another school, or my current address.
1)1 understand that I must,without exception,report any of I ATTEST THAT I HAVE READ AND UNDERSTAND THE I
the following changes to the Loans Technician at Canisius RESPONSIBILITIES AND OPTIONS AVAILABLE TO ME,AND
College, 2001 Main St., Buffalo, New York 14208. THAT I WILL DHERE TO THEM.
A. If I withdraw from the institution or transfer to another
school, i
B. If I drop below half-time status.
C. If my name or address changes. X 77 1
D.If I join the military services, Peace Corps,VISTA, Public
Health Service or participate as a volunteer for a non-profit NATURE DATE
organization.
2) I understand that when I graduate or withdraw from
Canisius College 1 must arrange for an exit interview by calling
the Financial Aid Office.
3) 1 understand that my first quarterly payment will be due
12 months from the time I cease to be at least a half-time student
and that interest will begin to accrue nine months from the time
I cease to be at least a half-time student.
4)1 understand that my minimum quarterly payments will be
— 4of4 —
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
THE PRO I HONG TA
'f#! fi DEC 15 PI 3: 23
CUMBERLAND COUNTY
OFFICE QFTNI PENNSYLVANIA
` v cite to
Canisius College
vs.
Gregg Woltz
Case Number
2014-7003
SHERIFF'S RETURN OF SERVICE
12/08/2014 01:25 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Darby Woltz, wife, who
accepted as "Adult Person in Charge" for Gregg Woltz at 30 Sussex Drive, Carlisle Borough, Carlisle, PA
17013.
SHERIFF COST: $34.78 SO ANSWERS,
December 09, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Toleosoft, Inc.