Loading...
HomeMy WebLinkAbout07-6882 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, a wholly owned Subsidiary of AUTO TRAKK, LLC. Plaintiff VS. DENNIS R. COLLIER DONNA COLLIER Defendants No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#06226401 Z, . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, a wholly owned Subsidiary of AUTO TRAKK, LLC. Plaintiff No. VS. DENNIS R. COLLIER DONNA COLLIER Defendants COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 342 Fairfield Road, Montoursville, PA 17554. 2. Defendants are adult individuals residing at 5 FOREST AVENUE, MARYSVILLE, PA 17053. 3. On or about September 8, 2004, the parties entered into a written Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 2001 Ford Windstar, more particularly identified in the Agreement, a true and correct copy of which is attached hereto, marked as Exhibit "I" and made a part hereof. 4. The Lease Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Lease Agreement. 5. By the terms of the Agreement, Defendants were to make 155 payments of $108.00, commencing September 8, 2004, and to pay certain license fees due at the inception of the lease and during the lease term. 6. The terms of said Agreement provide for termination upon satisfaction by Defendants of all obligations provided thereunder and upon the return of the vehicle by Defendants to Plaintiff at the end of the lease term, which term would end 155 weeks after it commenced. 7. Plaintiff avers that Defendants defaulted under the terms of the Lease Agreement by failing to make payment to Plaintiff as promised. 8. Due to the Defendants' default under the Agreement, Plaintiff exercised its right to terminate the Lease. 9. After calculating the early termination charges due Plaintiff pursuant to the terms of the Lease, Plaintiff avers that a balance of $4,931.51 as of November 8, 2007 is due from Defendants. 10. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 11. Plaintiff avers that such attorneys' fees will amount to $500.00. 12. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance, interest, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Dennis R. Collier And Donna Collier jointly and severally, in the amount of $4,931.51 with continuing finance charges thereon at the rate of 6.0% per annum from the date of judgment plus attorneys' fees of $500.00 and costs; or in the alternative, an order directing the parties to arbitrate this dispute pursuant to the terms contained in the Lease Agreement. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Mol an, Esquire PA I.D. #4743 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06226401 LESSEE"SINITI Date: September 8, 2004 Lessor: SUTLIFF CAPITAL FORD ` Lessee(s): DENNIS R COLLIER & DONNA COLLIER 1000 PAXTON ST 1 82 LINDA DR APT 12 HARRISBURG, PA 17105 ! MECHANICSBURG, PA 17055 These disclosures are made in connection with and are part of a closed-end motor vehicle lease dated September 8, 2004 entered into between Lessor and Lessee. Amount Due at Weekly Payments Other Charges (Not part of your weekly payment) Total of Payments Lease Signing or (The amount you will have Delivery Your first weekly payment of 5108.00 is due Disposition fee (If you do paid by the end of the Lease) on 09/10/04 followed by 155 payments of not purchase the Vehicle) $0.00 (Itemized below) $108.00 due on Friday of each week. The $0.00 $1,000.00 total ofyour weekly payments is $16,848.00 $0.00 Total $0.00 $17,632.00 *Itemization of Amount Due at lease Signing or Delivery A. Amount due at signing or delivery: B. How the amount due at lease signing or delivery will be paid: 1. Capitalization Cost Reduction $(-196.05) 7. Refundable Security Deposit +$0.00 1. Net trade-in allowance $500.00 2. Sales Tax on Cash Down Payment +$71.55 8. Title Fees +$0.00 2. Rebates and non-cash credits +$0.00 3. Sales/Use Tax +$0.00 9. Registration Fees +$0.00 3. Amount to be paid in cash +$500.00 4. Optional MBP +$0.00 10. State and Doc Fees +$113.50 5. First Weekly Payment +S108.00 11. Acquisition Fee +$795.00 6. Prepaid Rental Payment +$108.00 Total -$11000.00 Total -51,000.00 C. Your Weekly Payment is Determined as Shown Below 1. Gross capitalized cost. The agreed upon value of the Vehicle 6. Rent charge. The amount charged in ($12,240.40 ) and any items you pay over the lease term (such as addition to the depreciation and any +$4,700.03 service contracts, insurance and any outstanding prior credit or lease $12,240.40 amortized amounts. balance). 2. Capitalized cost reduction. The amount of any net Trade-in 7. Total base weekly payment. The allowance, rebate, non-cash credit or cash you pay that reduces the -$(-196.05) depreciation and any amortized amounts plus =$15,456.48 gross capitalized cost. the rent charge. 3. Adjusted capitalized cost. The amount used in calculating your 8. Lease payments. The number of base weekly payment. =$12.436.45 payments in your Lease. (This is also the -_ number of weeks in your Lease) 156 4. Residual Value. The value of the Vehicle at the end of the Lease 9. Base Weekly Payment: =$99_08 used in calculating your base weekly payment. -$1,680.00 5. Depreciation and any amortized amounts. The amount charged 10. Weekly sales/use tax: +$8.92e for the Vehicle's decline in value through normal wear and tear and for other items paid over the Lease tern. =$10,756.45 11. Total weekly payment: =$108.00e EARLY TERMINATION. You may have to pay a substantial charge if you end this Lease early. The charge may be up to several thousand dollars. The actual charge will depend on when the Lease is terminated. The earlier you end the Lease, the greater this charge is likely to be. Excessive Wear and Use. You may be charged for excessive wear based on our standards for normal use and for mileage in excess of 15,000 miles per year at the rate of 0.12¢ per mile. Purchase Option at End of Lease Term. You have the option to purchase the Vehicle at the end of the Lease term for $1,680.00 and a purchase option fee of $250.00. The purchase option price does not include official fees such as those for taxes, tags, license and registration. Other Important Terms. See your Lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, insurance, and any security interest, if applicable. "e" means estimate US 98W-DISC L (08/02) 02002 BANCONSUMER SERVICE, INC. Page 1 of LESSEE'S INITI CONSUMER PAPER Lease Date: September 8, 2004 CLOSED-END MOTOR VEHICLE LEASE WEEKLY PAYMENT LEASE CONSUMER CREDIT TRANSACTION Lessor Name and Business Address Lessee(s) Name(s) and Residence Address (es) SUTLIFF CAPITAL FORD DENNIS R COLLIER & DONNA COLLIER 1000 PAXTON ST 82 LINDA DR APT 12 HARRISBURG, PA 17105 MECHANICSBURG, PA 17055 County: N/A You are the Lessee(s) named above. We are the Lessor named above. We intend to assign this Lease Agreement (the "Lease") to the Assignee named in Secti onl 8. Prior to the assignment, any reference in this Lease to "we," "us" or to "Lessor" shall mean the Lessor named above. However, under the Federal Consumer Leasing Act, both we and the Assignee named in Section 18 are considered "Lessors." Except for this required disclosure, the Assignee will have no rights or obligations as a Lessor on this Lease until it is assigned. Then, any reference to "we," "us" or to "Lessor" shall mean the Assignee. Each of you who signs the Lease is individually liable to us for all Lease obligations. You are leasing the Vehicle described below (the "Vehicle") from us. You agree to pay all amounts due under the Lease and fulfill all your obligations under the Lease. You intend to use the Vehicle primarily for personal, family or household purposes unless the "Business, Commercial or Agricultural Purposes Lease" box above is checked. In this Lease, "e" means an estimate. Used [X] Year Make Model No. of Cyl. Style Vehicle Identification Number Odometer Mileage 2001 FORD WINDSTAR 6 VAN 2FMZA51451BB49695 55,801 Equipped With: A/T, P/W, PDL, CD, Tilt, Cruise, ALLOYS, POWER SEAT, REAR AIR, LEFT SLIDING DOOR Year: 1992 Make: PLYMOUTH Model: VOYAGER Gross Amount of Trade-in Allowance: $500.00 Prior Credit or Lease Balance: $0.00 Net Trade-in Allowance (See Item B I on Federal Consumer Leasing Act Disclosures) (If less than zero, enter zero) =$500.00 01 JE!'ct Ij? cl¢Stirt s3 You agree to pay us a Total Payment of $17,632.00 as follows: Upon Lease Signing or Delivery you will pay a total of $1,000.00 which includes your first Weekly Payment of $108.00 and which may include the value of a Trade-in Vehicle, if any, plus Other Charges totaling $0.00, followed by 155 weekly payments due on Friday of each week. You may also be charged for excessive wear based on our standards for normal use and mileage in excess of 15,000 miles per year at the rate of 0.120 per mile. Agreed upon value of Sales Tax Mechanical Breakdown GAP Protection Prior Credit or Lease Other (Balance of Fees) the Vehicle (Including Luxury Tax) Protection Balance $12,240.40 $0.00 $0.00 $0.00 $0.00 $196.05 NNW A. Official Fees and Taxes. The total amount you will pay for official and license fees, registration, title and taxes over the term of your Lease, whether included with your weekly payment or assessed otherwise: $1,576.57e. The actual total of fees and taxes may be higher or lower depending on the tax rates in effect or the value of the leased property at the time a fee or tax is assessed. B. Warranties. The Vehicle is subject to the following express warranties: If the Vehicle is new, the Vehicle is subject to the manufacturer's standard new car warranty. [X] If this box is checked, the Vehicle is subject to the following express warranty or guarantee: Auto Trakk Warranty included on separate Documentation. If the Vehicle is not new, and no warranty is identified in the previous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. If we make a written warranty covering the Vehicle or, within 90 days of the Lease Date we extend a service contract covering the Vehicle, this disclaimer will not affect any implied warranties during the term of the warranty or service contract. PAS96W-2-1 A (05/01) 02001 BANCONSUMER SERVICE, INC. Page of 55 LESSEE'S INITI Lease Date: September 8, 2004 Lessor Name: SUTLIFF CAPITAL FORD Lessee Name(s): DENNIS R COLLIER & DONNA COLLIER C. Late Payments. No late charge will be assessed or collected when the only delinquency is late charges assessed on an earlier delinquency. The charge for late payment is 5% of the base weekly payment for any payment not received within 4 days of the date it is due. D. Disposition Fee: $0.00 If you do not buy the Vehicle from us under your purchase option, you agree to return the Vehicle to us at the end of the Lease term at a place we designate. You will return the Vehicle in clean condition. When you return the Vehicle, you must give us a completed, signed odometer disclosure statement. You agree to pay its any amounts you owe under the Lease and have not paid. We may apply all or part of your security deposit to what you owe us. If you keep the Vehicle after the date you are supposed to return it, you will pay us a weekly amount equal to the total weekly payment and other amounts that may come due. Your payment does not permit you to keep the Vehicle unless you get our permission in advance. You will pay us upon return of the Vehicle, the disposition fee shown here. E. Early Termination Purchase Option Fee: $250.00 You have an option to buy the Vehicle prior to the end of the term. The price will be the adjusted lease balance (see Section 7) plus the Early Termination Purchase Option Fee shown here, plus any other charges due and unpaid under the Lease. You must also pay any taxes or fees imposed on our sale of the Vehicle to you. You must give us 30 days' notice in writing of you intent to buy the Vehicle. F. Early Termination Fee: $250.00 (i) You may terminate (end) the Lease before the end of the Lease term under the following conditions: If you are not in Default under the Lease you may end the Lease by returning the Vehicle to us and paying us, within five business days of the date we make demand, your early termination liability (see Section 7). (ii) We may end the Lease before the end of the Lease term under the following conditions: If you are in Default, we may end the Lease. You must return the Vehicle to the place we designate. You must pay us, within five business days of the date we make demand, your early termination liability (see Section 7). Upon early termination you agree to pay the following charges: • An Early Termination Fee as shown above in Section 6; • Any unpaid weekly payments and other amounts then due; • Any official fees and taxes imposed in connection with termination; and • The amount by which the adjusted lease balance exceeds the Vehicle's realized value at termination. If we have to take possession of the Vehicle from you, you will pay us the amount we have to pay for expenses in doing so. If we have to store the Vehicle and pay storage charges, you will pay us the amount of the storage charges. We will apply some or all of your security deposit to what you owe. We figure your adjusted Lease balance, which is the balance subject to the lease charge, using the "level yield method." "Level yield method" means, in the case ofa weekly payment lease, the method of determining the lease charge portion of each base weekly payment under which the lease charge for each week is earned in advance by multiplying the level rate implicit in the Lease times the balance subject to lease charge as it declines during the Lease term. At any given time during the Lease term, the adjusted lease balance is the difference between the adjusted capitalized cost and the sum of. (a) all depreciation amounts accrued during the previous weekly periods, and (b) the first base weekly payment. The periodic lease charge calculations are based on the assumption that we will receive your payments on their exact due dates and that the Lease goes to its full term. The realized value of the Vehicle is: the price we receive for the Vehicle at disposition; the highest offer we receive for disposition of the Vehicle; or the fair market value of the Vehicle at the end of the Lease term. We will add to the amount you owe us to what it costs us to pay someone to dispose of the Vehicle, for example, an auction fee. To the extent your early termination liability takes into account the value of the Vehicle at termination, if you disagree with the value we assign to the Vehicle, you may obtain, at your own expense, and within 10 business days from Lease termination from an independent third party agreeable to you and us, a professional appraisal of the wholesale value of the Vehicle which could be realized at sale. We will then use the appraised value as the realized value. If we have to pay someone to help us collect the amount you owe us, we will add the amount we have to pay to the amount you owe us, to the extent permitted by law. This may include reasonable attorneys' fees and court costs if permitted b law. You agree to maintain, in your name, the following type and amounts of primary insurance for the Lease term and until you return the Vehicle: Public liability insurance with coverage limits of at least $100,000 if one person is injured and $300,000 if more than one person is injured; uninsured motorist coverage; property damage liability insurance with coverage of at least $50,000; collision and comprehensive fire and theft with a deductible amount of not more than $500. You can obtain insurance at your expense through any agent, broker or insurer of your choice. This required insurance must be in effect before you take delivery of the Vehicle and may not be cancelled until after you return the Vehicle to us. The insurance company and the policy must be reasonably acceptable to us. The policy must provide us with no less than 30 days' written notice of cancellation or reduction in coverage for any reason. Collision, liability and/or comprehensive insurance must name you as the insured and us as an additional insured and loss-payee. If we ask, you must furnish us with satisfactory evidence that the required insurance is in effect. You must notify us and the insurer within 48 hours of any event causing loss. You must cooperate fully with us and the insurer in providing full, complete and accurate information about the loss. If the Vehicle is damaged and you fix it to our satisfaction, we will pay you any insurance proceeds we have received if you are not then in Default. You authorize us to file a proof of loss if you do not, and to sign your name to any check or draft representing insurance proceeds. You agree that you do not have the right to, and will not, revoke the power you have given us to file a proof of loss and the power to sign your name to a check or draft representing insurance proceeds. You agree that we may exercise these powers for our benefit and not for your benefit, except as provided in this Lease and by law. Physical Damage and Liability Insurance. You have obtained the insurance that is required for this Lease. NAME OF AGENT: TELEPHONE #: INSURANCE COMPANY: INSURANCE INFORMATION ON SEPARATE DOCUMENTATION CONFIRMATION #: NOTICE: PHYSICAL DAMAGE OR LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE TO OTHERS IS NOT INCLUDED IN THIS LEASE. PAS96W-2-1 A (05/01) ®2001 BANCONSUMER SERVICE, INC. Page 3 f'5n/ • LESSEE'S INTI G V Lease Date: September 8, 2004 Lessor Name: SUTLIFF CAPITAL FORD Lessee Name(s): DENNIS R COLLIER & DONNA COLLIER When you return the Vehicle at the end of the scheduled Lease term (including any extension), you are liable for charges for excess wear and use. The following standards apply for determining unreasonable or excess wear and use: The Vehicle must be able to pass any inspection required by law, even if an inspection is not then due. The Vehicle must have matching tires (not retreads) comparable to those on the Vehicle when it was delivered to you, with at least 1/8" of tread remaining at the lowest spot. The engine, drive train, odometer, and other mechanical and electrical parts shall operate and not be damaged. There must be no scratches, dents, pits, rust areas, mismatched paint or cracks in or on the fenders, bumpers, grills, hood, trunk, roof or doors. No special identification or decal will appear on the Vehicle. There must be no rips, tears, bums soiling or excessive wear in the carpet, seats, doors, headlining or dashboard. The windows, lenses and lights shall not be cracked or broken. The Vehicle Identification Number in Section 2 must not have been altered or defaced. There must be no frame or suspension damages. We determined the amount of your base weekly payment, in part, on the mileage shown in Section 4, "Excessive Wear and Use." Unless you buy the Vehicle at the end of the Lease term, you will return it to us in the condition in which you received it, except for reasonable wear and use. You will maintain the Vehicle in good working order and repair. You will pay all operating costs, such as gasoline, oil, and replacement tires. You will, at your expense, service the Vehicle according to the owner's manual maintenance schedule. If the Vehicle is recalled, you will have the recall repairs or service performed. You will return the Vehicle Unless required by law, we do not keep the security deposit separate in a bank or earmarked on our books. We may apply some or all of the security deposit to what you owe. Any unused security deposit will be returned to you at the end of the Lease. We have no fiduciary duty to you with respect to the security deposit. No interest, increase or profit on the security deposit will accrue or be paid to you. 2:1111151,11 11111,111 11111 1111 You have an option to buy the Vehicle at the end of the lease term. The price will be $1,680.00 plus a purchase option fee of $250.00, plus any other charges due and unpaid under this Lease. You must also pay any taxes or fees imposed on our sale of the Vehicle to you. You must give us 30 days' notice in writing of your intent to buy the Vehicle. You will be in Default it: You fail to make a weekly payment when it is due; • You fail to pay any amount you owe under the Lease when it is due or when demand is made; • You provide any false or misleading information in any lease application; • You fail to maintain the required insurance; • You lose possession of the Vehicle by confiscation, forfeiture or other involuntary transfer regardless of whether the Vehicle is the subject of judicial or administrative proceedings; • You exceed the permitted mileage shown in Section 4; • You or your property become subject to bankruptcy proceedings; • You die and there is no surviving lessee; • The Vehicle is lost, stolen or damaged beyond repair, • You assign the Lease or transfer the Vehicle; • You fail to keep any other promise or obligation under the Lease or violate any other term of the Lease. If you Default, we may, but are not required to, take action to protect our interest in the Vehicle (such as buying insurance). Our action does not cure you default. Amounts we spend taking such action will be added to your Lease obligations and will bear lease charges, if permitted bylaw. If we end this Lease because of Default, you authorize us to cancel any MBP or other optional product or service you bought in connection with this Lease and to receive any refund or credit due upon such cancellation to apply to amounts you owe. After giving any notice required by law, and subject to any waiting periods imposed by law, we may peaceably repossess the Vehicle wherever we may find it. You authorize us to enter onto any property where the Vehicle may be to take possession of it and remove it. We may use the license plates on the Vehicle in moving it to a storage place. After we repossess the Vehicle, we will hold it free of any rights you may have under this Lease, subject to any right you may have under the law to cure a breach or redeem the Vehicle. Unless you tell us within 48 hours of any personal property you claim was in the Vehicle when it was repossessed, we will not be responsible for that property. This Section 13 will survive termination of this Lease. You acknowledge receipt of an On Time Payment Protection System Disclosure Statement and Instruction Guide. As described in the Guide, th e Vehicle has been equipped with a device that is part of the On Time Payment Protection System. This device acts as a starter interrupt if you do not enter a payment code into the keypad after you make each weekly payment. In addition to our other rights and remedies upon Default, if you fail to make any weekly payment when due, or if you do not enter a correct payment code into the keypad, the device will make the vehicle unable to start. The Vehicle will not start or operate until a correct payment code is entered into the key pad. You are not required to buy an optional products and services to enter into the Lease. The term of any product or service will be the Lease term, unless a different term is shown to the right. If you decide you want to buy an optional product or service, review the terms of the contract which describes the product or service before you initial to the right. A completed copy of the contract will be given to you as soon as practicable. Optional Mechanical Breakdown Protection ("MBP") Term _ Lessee's Initials Coverage Optional Service Contract Term or Extended Warranty Term Lessee's Initials By initialing to the right, you indicate that you want to buy the optional products and services indicated. If the cost shown is not shown as part of the "Itemization of Amount Due at Lease Signing or Delivery," it has been added to the "Gross Capitalized Cost" (see the Federal Consumer Leasing Act Disclosures.) PAS96W-2-1 A (05/01) Coverage Optional Gap Protection Term Lessee's Initials Gap Provider 02001 BANCONSUMER SERVICE, INC. of LESSEE'S INITIAL a Lease Date: September 8, 2004 Lessor Name: SUTLIFF CAPITAL FORD Lessee Name(s): DENNIS R COLLIER & DONNA COLLIER A. Your Gap Liability and Gap Waiver. You are not liable for the "GAP amount" The "GAP amount" is the difference, if any, between: (i) the amount you owe at early termination of the Lease as of the date of a total loss of the Vehicle caused by its theft or physical damage, or the amount which would have been owed had we not waived such obligation; and (ii) the sum of any unpaid rent payments and other unpaid charges arising from your failure to fulfill your obligations under the Lease that had accrued before the date of the loss; and the actual cash value of the Vehicle on the date of loss. If you have maintained insurance as required under this Lease, "actual cash value" shall have the some meaning asunder your physical damage insurance policy. B. Official Fees and Taxes; Registration and Parking Tickets. We own the Vehicle. You must keep the Vehicle currently assigned in our name. You are leasing the Vehicle, and have no rights to it except to use it as permitted by this Lease and to exercise your purchase option. You must pay all parking tickets and traffic fines relating to the Vehicle and a Ticket Processing Fee of $25 for every summons issued to us in connection with the Vehicle, whether or not you are found at fault If you do not pay such tickets and fines, you authorize us to do so for you and in your name, and you will repay us these amounts on demand. You agree that you do not have die rights to, and will not, revoke the power you have given us to pay such tickets and fines. You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Lease and by law. We may add the amount to what you owe us if you do not pay us when we make demand. You must pay when due, or reimburse us if we pay for you, all government charges, fees and taxes whether assessed on you, us, or the Vehicle. You understand that the taxes disclosed in this Lease may increase, and you agree to pay any such increased amount You will not have to pay our income taxes. If you do not pay the charges, fees and taxes, interest or penalties are assessed (unless the interest or penalties area result of our negligence), you must pay the interest or penalties when due or reimburse us if we pay them You must pay personal property taxes assessed on the Vehicle, whether you are billed for them by the government or whether we pay them and bill you for them or include the amount of such taxes as part of your weekly payment This paragraph will survive termination of this Lease. If you move the Vehicle to another state and re-registration is required, you agree to re-register the Vehicle and pay all costs and expenses of registration, and you agree to pay any increased sales taxes imposed by such state as part of you weekly payment You also agree to pay us an administrative fee of $50 to pay for our expenses in connection with re-registration. C. Returned Check Charge. If Any cluck you give us in payment of any obligation under this Lease is dishonored or returned for any reason, you agree to pay a returned check fee of $20, but if applicable law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amount D. Use of the Vehicle. You will keep the Vehicle permanently garaged at the address shown in this Lease. You will keep the Vehicle free from any liens or claims. You have the risk of loss, and are responsible for the Vehicle's damage or destruction. You will not allow unlicensed drivers to drive the Vehicle. Yo u will not use the Vehicle for more than 30 days outside the state where the Vehicle was first tided, without prior permission. If we permit you to register the Vehicle in another state, you agree to pay all of our costs of re-registration. We are not required to permit you to move the Vehicle to another state. You will not use the vehicle for any commercial or agricultural purpose. E. Acknowledgement You acknowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped as you want, that it has no missing parts and that it is in good condition and the odometer mileage is as shown in Section 2. You accept the Vehicle for all purposes of the Lease. You further acknowledge you have taken delivery of the Vehicle. F. Odometer. You are required to maintain accurate mileage records of your usage of the Vehicle. Normally, usage is determined solely by the odometer in the Vehicle. However, if the odometer should break for any reason, you must immediately repair or replace the odometer and be able to provide us with proper supporting documentation to indicate the date and mileage when the odometer failed and the date when it was repaired or replaced. If the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on the odometer, you agree to pay the amount we estimate the Vehicle's market value has been reduced by reason of additional miles not reflected on the odometer, the inability to determine the Vehicle's actual mileage, or both. This paragraph w ill survive termination of the Lease. G. Odometer Disclosure. Federal law requires you to properly certify the Vehicle's mileage at the time of Lease termination, whether or not the Vehicle is returned to us. This certification is needed so that we can transfer ownership of the Vehicle. Failure to certify the mileage or making a false statement may result in fines and/or imprisonment You must certify that mileage even if you buy the Vehicle. If we transfer title to the Vehicle and provide incorrect od ometer information, either because you did not provide a certification to us or you made a false statement, to the extent not prohibited by law, you are not liable for and will indemnify us against any claims, damages, penalties, fines or losses, including our court costs and attorneys' fees, which we may incur in connection with your failure to comply with the law. This paragraph will survive termination of the Lease. H. Indemnification. You agree to indemnify us and hold us and our assignees, agents, and insurers harmless, to the extent not prohibited by law, from all damages, injuries, claims, demands, and expenses, including reasonable attorneys' fees, arising out of the condition, maintenance, use or operation of the Vehicle, including a claim under the strict liability doctrine. L Assignment of Returned Premiums and Other Amounts. You assign to us any unearned returned premiums or charges or other amount relating to insurance or any optional product or service sold in connection with this Lease and returned or paid to us. You will earn no interest, increase or profit with respect to such property. J. Waiver. If we fail to exercise any right or remedy at any time, we do not waive the right to do so at a later time. K. Giving Notice. Notice may be given personally or sent by first class mail to the address shown on Page 1 of this Lease. Notices shall be deemed given to us when they are personally given or actually received at our address shown in Section 1 or as we otherwise direct from time to time. Notices shall be deemed given to you when they are personally given or when placed in the mail, addressed to you at your address then shown on our records, even though you might not actually receive the mailed notice. You agree that 10 days' notice is a reasonable notice period, unless state law requires a longer period, in which case you agree that the state required period is reasonable. L. Assignment and Transfer of the Vehicle. YOU MAY NOT ASSIGN THE LEASE OR TRANSFER THE VEHICLE WITHOUT PRIOR WRITTEN PERMISSION. We may assign all of our rights under this Lease. The person to whom we assign our rights may reassign them. You may not assign your rights or obligations under this Lease. You agree to render performance of your obligations to the original Lessor and, upon receiving written notice of any assignment, to the Assignee or any subsequent assignee. M. General. This Lease is the entire agreement between you and us. We have not made any promise to you that is not in this Lease. Any change to this Lease must be in writing that is signed by you and us. If any provision of this Lease is found to be void or unenforceable, this Lease is to be read as if that provision were never contained in this Lease. N. Governing Law. If any part of this Lease is invalid, unenforceable or illegal in any jurisdiction, the part that is invalid, unenforceable or illegal will not be effective as to that jurisdiction. The rest of the Lease will be enforceable. Federal law governs some aspects of this Lease. Statelaw also governs this Lease. If you lease the Vehicle primarily for personal, family or household purposes, the law of the state in which you reside will govern the Lease and the interpretation of the Lease, unless applicable law permits you and us to specify the law of the original Lessor's state as the governing law, in which case, the law of the original Lessor's state will govern the Lease and the interpretation of the Lease. If this Lease is not primarily for personal, family or household purposes, you agree that the laws of the state in which the original Lessor does business, as shown in Section 1, shall govern this Lease and your obligations. PAS96W-2-1 A (05/01) 02001 BANCONSUMER SERVICE, INC. Lease Date: September 8, 2004 Pa 5 of LESSEE'S INITIA , Lessor Name: SUTLIFF CAPITAL FORD Lessee Name(s): DENNIS R COLLIER & DONNA COLLIER 0. Agreement to Arbitrate Disputes. If you sign this Lease, you agree to arbitrate disputes and you give up some rights. A "Dispute" is a controversy of claim (other than a claim relating to the . possession, repossession or replevin of the Vehicle) arising from or relating to this Lease, its negotiation or breach, the sale, purchase or financing of the Vehicle involving any Buyer, Co-Buyer, Co-Signer, Guarantor, Seller, Assignee, or any agent, employee, surety bonding company or insurer of any of these persons. If a Dispute arises and cannot be settled by discussion, the parties shall first try to settle the Dispute amicably by mediation by the American Arbitration Association (the "AAA') under its Commercial Meditation Rules. Any Dispute unresolved by mediation shall be arbitrated pursuant to this paragraph. Any party may demand arbitration in writing by notice to the other party, naming the arbitrator of the party demanding arbitration, and stating the matter in controversy. Within 30 days after such demand, the other party shall name an arbitrator. If the other party does not name an arbitrator, such arbitrator shall be named promptly by the AAA's Arbitration Committee. The two selected arbitrators shall name a third arbitrator within 15 days. If the two selected arbitrators cannot agree on a third arbitrator, a third arbitrator shall be appointed by the AAA's Arbitration Committee. The non-prevailing party shall pay, and the arbitrator shall award to the prevailing party all of the prevailing party's arbitration costs and expenses, including reasonable attorneys' fees. The arbitration hearing shall be held in the county in which the original Lessor is located, on 30 days' notice to the parties under the AAA's Commercial Arbitration Rules. The hearing shall be concluded within 120 days unless otherwise ordered by the arbitrators. The award shall be made within 30 days after the close of the submission of a vidence. An award by a majority of the arbitrators shall be final and binding on all parties to the proceeding. Judgment on the award may be entered by either party in the highest local, state or federal court or before any administrative body. This arb itration provision shall, with respect to such dispute, survive the termination or expiration of this Lease. Nothing in this Lease shall be deemed to give the arbitrators any authority, power or right to alter, change, amend, modify, add to or subtract from the provisions of this Lease. No class action arbitration may be ordered under this provision and there shall be no joinder of parties, except for joinder of parties to the same Lease. To the extent permitted by law, the arbitrator shall have no authority to award punitive damages in any Dispute. The parties agree that the transactions relating to this Lease involve interstate commerce and that this Lease shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as amended NOTICE TO THE LESSEE: YOU HAVENO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ ALL PAGES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT. IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE. NOTICE: READ THE FEDERAL CONSUMER LEASING ACT DISCLOSURES THAT HAVE BEEN GIVEN TO YOU SEPARATELY BEFORE SIGNING THIS LEASE. Your signature(s) on this Lease acknowledges receipt of the Federal Consumer Leasing Act Disclosures. oli :PXaoJ)rtelOrshtp Lessee Sign Lessee Signature x Type/Print Lessee Name DENNIS R COLLIER Typ&Tlrint Lessee Name DONNA COLLIER Lessor Name: SUTLIFF CAPITAL FORD By: e? Assignee Name: Auto Trakk, LLC Type/Print Name: 014-0d C )%196 J*60r Type/Print Title: G&17G401? The Lessor's authorized signature indicates the Lessor has accepted the terms, conditions and obligations of the Lease as follows: Lessor's Assignment Pursuant to the terms of that certain agreement between Lessor and the Assignee named above ("Ass ignee') for the assignment of leases by Lessor to Assignee from time to time, Lessor hereby assigns all right, title and interest in the Lease and the Vehicle and rights the Lessor may have under any guaranty executed in connection with the Lease, with full powers to Assignee to collect and discharge all obligations, any guaranty and assignment ' eI R I (the Guarantor(s) signing below) understand that the Lessor and Lessee named above have entered into a vehicle lease agreement (the "Lease) dated as of the date below. I hereby unconditionally guarantee full and timely payment when due of all rentals and other payments and the full performance by Lessee of all promises, terms and conditions of the Lease (collectively the "Liabilities'). If an Event of Default occurs under the Lease, I shall pay immediately any amounts due from the Lessee or take any action required of the Lessee under the Lease. My liability under this Guaranty is primary and will not be affected by any settlement, extension, renewal or modification of the Lease or by the discharge or release of the Lessee's obligations, whether or not by operation of law. I waive all damages, presentments, and demands and notices of every kind and nature. I agree to pay all expenses (including attorneys' fees and legal expenses) you pay or incur in trying to collect all or any part of the Liabilities, and in enforcing this Guaranty. This Guaranty is an absolute, continuing and unconditional guaranty. After assignment of the Lease, this Guaranty may be modified or terminated only with the Assignee's prior written consent Any parts of this Guaranty which conflict with any statute, rule or law, shall be deemed null and void to the extent of such conflict, but without affecting the rest of this Guaranty. If more than one party signs this Guaranty, each is jointly and severally obligated Each signer on behalf of any corporate guarantor warrants that he had authority to sign on behalf of such corporation and by so signing, to bind the corporate guarantor under this Guaranty. Signed in the presence of: Signature of Guarantor Date Signature of Guarantor Date PAS96W-2-1 A(05101) 02001 BANCONSUMER SERVICE, INC. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is Lucrecia Skellenger of the legal and litigation department of Autotrakk, plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. .?W ( ignatur ) 0 ;rn V C ? p ? (v SHERIFF'S RETURN - REGULAR CASE NO: 2007-06882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYCOMING AUTO TRUST VS COLLIER DENNIS R ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLLIER DENNIS R the DEFENDANT , at 1643:00 HOURS, on the 28th day of November-, 2007 at 94 AUTUMN LANE ENOLA, PA 17025 by handing to DONNA COLLIER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge et Sworn and Subscibed to before me this of So Answers: 18.00 3 0 . 7 2 00 10.00 R. Thomas Kline .00 58.72 12/05/2007 WELTMAN WEINBERG REIS By : day Deputy Sheriff A.D. V 'CASE NO: 2007-06882 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYCOMING AUTO TRUST VS COLLIER DENNIS R ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE COLLIER DONNA DEFENDANT the , at 1643:00 HOURS, on the 28th day of November , 2007 at 94 AUTUMN LANE ENOLA, PA 17025 DONNA COLLIER was served upon by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 -mom rt.' .. .00 10.00 R. Thomas Kline 16.00 12/05/2007 WELTMAN WEINBEERG REIS By: ?. \ a-?-?- ? K ? . ?` '`Y1 day Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Plaintiff VS. DENNIS R COLLIER DONNA COLLIER Defendants No. 07-6882-CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06226401 Judgment Amount $ 5431.51 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Plaintiff vs. DENNIS R COLLIER DONNA COLLIER Defendants TO THE PROTHONOTARY: Civil Action No. 07-6882-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DENNIS R COLLIER DONNA COLLIER above named, in the default of an Answer, in the amount of $5431.51 computed as follows: Amount claimed in Complaint $4931.51 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $5431.51 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MO CZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06226401 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 5 FOREST AVE, MARYSVILLE, PA 17053 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AUTOTRAKK LLC DBA Plaintiff Case # Qj -G 66.) - CNIL DENNIS R COLLIER Defendant(s) IMPORTANT NOTICE TO: DENNIS R COLLIER 5 FOREST AVE MARYSVILLE,PA 17053 Date of Notice: o aya?lo t) WWR#: 06226401 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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 FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: 6-tC,4C ?&,V A4 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AUTOTRAKK LLC DBA Plaintiff DONNA COLLIER Defendant(s) IMPORTANT NOTICE TO: DONNA COLLIER 5 FOREST AVE MARYSVILLE,PA 17053 Date of Notice: (Jo?? a1 WWR#: 06226401 Case # nl-G55a`C_LUIL YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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 FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: Avvu c d tbouN K.' e - PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A, 1400 KOPPERS BLDG, 436 7TH AVE? PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Plaintiff vs DENNIS R COLLIER DONNA COLLIER Case no: 07-6882-CIVIL NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, DENNIS R COLLIER DONNA COLLIER is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, DENNIS R COLLIER DONNA COLLIER is not in the military service. Further Affiant sayeth naught. _ AFFIANT f SWO TQ ND SUBSCRIBED in my presence this day of 1 COMMONWEAUTH OF PENNSYLVANIA Notarial Seal N ARY PUB C Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Commissicn Expires June 29, 2010 Member, Penn. ylvaniU A55C`a3f1o17 of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. -1 Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center MAR-17-2008 10:45:20 Military Status Report Pursuant to the Servicemembers Civil Relief Act ,< Last Name First/Middle Begin Date Active Duty Status Service/Agency COLLIER DENNIS Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 1/1 hw? fix. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faci/Dis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BNEUJJHEBIP https://www.dmde.osd.mil/scra/owa/scra.prc_Select 3/17/2008 Request for Military Status Department of Defense Manpower Data Center IV Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-17-2008 10:45:46 Last Name First/Middle Begin Date Active Duty Status Service/Agency COLLIER DONNA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. y6t 14 . a?a? jp"i - * Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http.//www.defenselink.mil/faq/pis/PC09SL_DR.h_tml WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BNBTRIQAGCI https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2008 s ? rv W D l? N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Plaintiff VS. Civil Action No. 07-6882-CIVIL DENNIS R COLLIER DONNA COLLIER Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 08 (xx) Assumpsit Judgment in the amount of $5431.51 plus costs. ( ) Trespass Judgment in the amount of $_ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO ONOTARY TY) DONNA COLLIER 5 FOREST AVE MARYSVILLE,PA 17053 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`? Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Plaintiff VS. Civil Action No. 07-6882-CIVIL DENNIS R COLLIER DONNA COLLIER Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on rf "gi (xx) Assumpsit Judgment in the amount of $5431.51 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO NOTARY EP TY) DENNIS R COLLIER 5 FOREST AVE MARYSVILLE,PA 17053 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085