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HomeMy WebLinkAbout07-7252 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. No. &7 - 7),sz 0; u ?C COMPLAINT IN CIVIL ACTION HAROLD T. COLEMAN KAREN F. COLEMAN Defendants 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 WWR#06226125 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. HAROLD T. COLEMAN KAREN F. COLEMAN 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 909 HUMMEL AVENUE, LEMOYNE, PA 17043 . 3. On or about July 24, 2006, the parties entered into a written Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 2001 Pontiac Aztek, more particularly identified in the Agreement, a true and correct copy of which is attached hereto, marked as Exhibit "1" 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 $99.00, commencing July 24, 2006, 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 $6,271.37 as of November 7, 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 $1,000.00. 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, Harold T. Coleman And Karen F. Coleman jointly and severally, in. the amount of $6,271.37 with continuing finance charges thereon at the rate of 6.0% per annum from the date of judgment plus attorneys' fees of $1,000.00 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. MoKan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06226125 Federal Consumer Leasing Act Disclosures LESSEE"S INITIALS Date: July 24, 2006 Lessor: WELLSVILLE LEASING w ti Lessee(s): HAROLD T COLEMAN & KAREN F COLEMAN 1001 HUM MEL AVE. K, 909 HUMMEL AVE LEMOYNE-. PA 17043 \ LEMOYNE, PA 17043 These disclosures are made in connection with and are part of a closed-end motor vehicle lease dated July 24, 2006 entered into between Lessor and Lessee. Amount Due at Weekly Payments Other Charges (Not part of your weekly payment) Total of Pavments Lease Signing or (The amount you will have Delivery Your tint wcekl t mcnt of $99.110 is due y pay Disposition fee (If you do paid by the end of the Lease) (Itemized below)* on 07/28/06 followed by 155 payments of not purchase the Vehicle) $0.00 $99,00 due on Friday of each week. The $0 $1 000.00 total of your weekly payments is $15,444.00 $0.00 , Total $0.00 $16,246.00 *Itemization of :kmount Due at Lease Signing or Delivery A. Amount due at signing or delivery: B. How the amount due at lease signing or delivery will 1. Capitalization Cost Reduction $(-188.115) 7. Refundable Security Deposit +$0.00 be paid: I. Net trade-in allowance $0 00 2. Sales Tax on Cash Down Payment ' +$71.55 8. Title Fees +$22S0 . 2. Rebates and non-cash credits +$0 00 3. SalesiUse rax 4. Optional MBP +$0.00 + 9. Registration Fees +$36.00 . 3. Amount to be paid in cash +$1,000,00 $0.00 10. State and Doc Fees +$65,00 i. First Weekly Payment +$99,00 11. Acquisition Fee +$795,00 6. Prepaid Rental P:ryment +$99.00 Total =$1,000.00 Total =$1,000.00 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 ($11,478.011 ) and any items you pay over the lease term (such as vi addition to the depreciation and any +$4 573.43 ser ce contracts, insurance and any outstanding prior credit of lease $11,478.00 amortized amounts , balance). . 2. Capitalized cost reduction. The amount of any net Trade-in 7. Total base weekly payment. The allowance, rebate, non-cash credit or cash you pay that reduces the -$(-188.05) depreciation and any amortized amounts plus 414 169 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. =$ 11,666.05 payments in your Lease. (This is also the 4. Residual Value. The value of the Vehicle at the end of the Lease number of weeks in your Lease) 156 used in calculating your base weekly payment. -$2,070.00 9. Base Weekly Payment: =$90_83 5. Depreciation and any amortized amounts. The amount charged ' 10. Weekly sales/use tax, +$g l7 for the Vehicle s decline in value through normal wear and tear and for , e other items paid over the Lease term. =$9,596.05 11. Total weekly payment: =$99.00e 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 $2,070.00 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. US 98W'-DISC F (0,1.051 "e' means estimate C`2005 BANCONSUMERSERVIC'E. INC. Page 1 of 5 LESSEE'S INITIALS CONSUMER PAPER Lease Date: July 24, 2006 CLOSED-END MOTOR VEHICLE LEASE WEEKLY PAYMENT LEASE CONSUMER CREDIT TRANSACTION 1. Parties and Agreement to Lease Lessor Name and Business Address Lessec(s) Name(s) and Residence Address (es) WELLSVILLE LEASING HAROLD T COLEMAN & KAREN F COLEMAN 1001 HUMMEL AVE. 909 HUMMEL AVE LEMOYNE, PA 17043 LEMOYNE, PA 17043 County: N/A You are the Lessec(s) named above. We are the Lessor named above. We intend to assign this Lease Agreement (the "Lease") to the Assignee named in Section 18. Prior to the assignment, any reference in this Lease to "we." "us" or to "Lessor" shall mean tite 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. 2. Description of the Leased Property (The "Vehicle") Used [X] Year Make Mtxlcl No. of C'yl. Style Vehicle Identification Number Odometer Mileage 211(11 PONTIAC A1,'I'EK-V6 11 UTILIT 3G7DA03E51S530978 40,130 Equipped With: 1 3. Description of the Trade-in Vehicle Year: N/A Make: N/A Model: N/A Gross Amount of Trade-in Allowance: $0.00 Prior Credit or Lease Balance: $0.00 Net Trade-in Allowance (See Item B 1 on Federal Consumer Leasing Act Disclosures) (If less than zero, enter zero) =50.00 L 4. Lease Payment Terms (See Federal Consumer Leasing Act Disclosures) You agree to pay us a Total Payment of $16,246.00 as follows: Upon Lease Signing or Delivery you will pay a total of $1,000.00 which includes your first Weekly Payment of $99.00 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 hased on our standards for normal use and mileage in excess of 15,000 miles per year at the rate of 0.12¢ per mile. 5. Itemization of Gross Capitalized Cost (See Item C1 on Federal Consumer Leasing Act Disclosures) Agreed upon value of Sales Tax Mechanical Breakdown GAP Protection FB.IarnC.er dit or Lease Other (B alance of fees) the Vehicle (Including Luxury Tax) Protection $11,478.00 $11.110 $0.00 $0.00 $1138.05 6. Fees, Charges and Warranties 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: $1,469.57e. The actual total of fees and taxes may be higher or lower depending on the tax rates in effector 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. 1a1 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 VEIIICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. I fwe make a written warranty covering the Vehicle or, within 90 days ofthe 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. OtiS98W"-2-I F la(,'lx,) IW. DE.KY, NtI.N('.OH. PAAN.VA. WV -2006 nANCONSUPtER SERVICE, INC. P LESSEE'S INITIALS ?07_ Lease Date: July 24, 2006 Lessor Name: WELLSVILLE LEASING Lessee Name(s): HAROLD T COLEMAN & KAREN F COLEMAN 6. Fees, Charges and Warranties (continued) 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 fir any payment not received within 4 days of the date it is due. N o late charge will be imposed in West Virginia. 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 us 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 tern. 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 your intent to buy the Vehicle. Early Termination Fee: $250.00 0) You may terminate (end) the Lease before the end of the Lease tern 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 tern 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 clays of the date we make demand, your early termination liability (see Section 7). 7. Terms concerning Early Termination' Upon early tennination 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 of a 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 th eir exact due dates and that the Lease goes to its fill 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 tern. We will add to the amount you owe us 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 tiom 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. Attorneys' fees and court costs will not be imposed in Ohio. 8. Property Insurance 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 $1000)0 if one person is injured and $300,()(10 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 ofany 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 Leasc and by law. Physical Damage and Liability Insurance. You have obtained the insurance that is required for this Lease. NAME OF AGENT: TE LEPf10NE 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. USS99W-2-1 r (06,M) I)('. DEXY, MI.N('.ofI. PA.TN.VA. WV vWX16 BANCONSUMER SERVICE. INC. ' a tl`5 LESSEE'SINTIALS Lease Datc: July 24, 2006 Lessor Name: WELLSVILLE LEASING Lessee Name(s): HAROLD T COLEMAN & KAREN F COLEMAN 9. Standards for Wear and Use 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 tenders, bmnpers, grills, hood, trunk, roof or doors. No special identification or decal will appear on the Vehicle. There must be no rips, tears, burns soiling or excessive wear in the carpet, scats, 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. 1 10. Maintenance You will maintain the Vehicle in good working order and Icpan. 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 11. Security Deposit Unless required bylaw, 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; for a West Virginia lessee who enters into a lease with a lessor who is a nonresident of West Virginia, any security deposit will be kept in a bank or trust in West Virginia and interest, in any, that accrues will be paid to you or applied to what you owe under the lease. 12. Option to Purchase Vehicle at Lease Termination You have an option to buy the Vehicle at the end ofthe lease term. The price will be $2,070.00 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. 1.3. Default, Repossession and Other Remedies You will be in Default it. You tad to make a weekly payment when it is due; • You fad 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 vi olate 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 by law. 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 o r 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, the 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 key pad 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. 14. Optional Products and Services You are not required to buy an optional products and services to enter into the Lease. The tern of any product or service will he the Lease term, unless a different term is shown to the right. If you decide you want to buy an optional product or servi cc, 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. 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.) Optional Mechanical Breakdown Protection ("M13P") Tenn /essays btitietlc Coverage Optional Service Contract Term or Extended Warranty Term Lessee .5 Initierls Coverage Optional Gap Protection Term Lessee's Initials Gap Provider USS18W-2-1 F(060i) IX'. DERI'. Nt I,N(.011, PA.I N.VA. WV C"OOL BANC'ONSUMER SERVICE, INC. 0 0 Lease Date: July 24, 2006 Lessor Name: WELLSViLLE LEASING As of 5 r LESSEE'S INITIALS Lessee Name(s): HAROLD T COLEMAN & KAREN F COLEMAN 15, Other Terms and Conditions A. Your Gap Liability and Gap Waiver. You are not liable for the "GAP amount." The "GAP amount" is the difference, ifany, 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 thefi 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 same meaning asunder your physical damage insurance policy. B. Official Fees and Taxes; Registration and Parking 'rickets. 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 lay all parkin, 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 its these amounts on demand. You agree that you do not have the right 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 howftt 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 its when we make demand. You must pay when due, or reimburse its 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, and interest or penalties are assessed (unless the interest or penalties are a result of our negligence). you must pay the interest or penalties when due or reimburse its 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. II'vou mo%e the Vehicle to another state and re-registration is required, you agree to re-register the Vehicle and ivy all costs and expenses of registration, and you agree to pay any increased sales taxes unposed by such slate as partof 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 check you give its in payment of a» y 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 it fee to it lower amount, you agree to pay such higher or lower amount. D. Use of the Vehicle You will keep the Vehicle permanently ganged at the address shown in this Lease. You will ktep 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. You will not use the Vehicle for more than 30 days outside the state where the Vehicle was fast titled. without prior permission. If we pennit you to rvgistcr 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 Vchiclc 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 ytnir 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 he able to provide its with proper supporting documentation to indicate the date and mileage when the odometer tailed and the dale when it was repairer) or replaced. If the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on the odometer, you iuee to pay the amount we estimate the Vehicle's market value has been reduced by reason ofadditional miles not reflected on the odometer. the inability to determine the Vehicle's actual mileage, or both. This paragraph will survive termination of the Lease. G. Odometer Disclosure. Federal law requires you to properly certify the Vehicle's mileage at the lime 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 odometer 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 its 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. Attorneys' fees and court costs will not be imposed in Ohio. 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, inel uding a claim under the strict liability doctrine. No attorney's' fees will be imposer) in Ohio. 1. Assignment of Returned Premiums and Other Amounts. You assign to its 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. •1. Waiver. If the fail to exert ise any right or remedv at any time, we do not waive the right to do so at a lalcr lime. K. Giving Notice Notice may he given personally or sent by first class mail to the address shown on Page I of [his Lease. Notices shall be deemed given to us when they are personally given or actually received at our address shown in Section I or its 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 clays' notice is a reasonable notice period, unless state law requires a longer period. in which case you agree that [he 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. I he 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 matte 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 frond 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 earl of [his 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. State law also govems (his Lease. If you lease the Vehicle primarily for personal, family or household pmposcs. the law ofthe stale in which you reside will govern the [-ease 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 stale in which the original Lessor does business, as shown in Section 1, shall govern this Lease and your obligations. USS98W =-1 F(0&0(1) DC, DEX. . MI.NC.pH. PA.m"N.VA. WV ='2006 BANCONSUMER SERVICE. INC. Lease Date: July 24, 2006 Lessor Name: WELLSVILLE LEASING kC -1 a e of 5 LESSEE'S INITIAILS-,41 Lessee Name(s): HAROLD T COLEMAN & KAREN F COLEMAN I5. Other Terms and Conditions (condoned) 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 Mediation 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 partydemanding arbitration, and stating the matter in controversy. Within 30 days after such demand, the other party shall name an arbin alor. 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 arbit ator% cannot agree on a third arbitrator, a third arbitrator shall be appointed by the AAA's Arbitration Committee. The non-prevailing patty shall pay, and the arbitrator shall award to the prevailing party all ofthe prevailing party's arbitration costs and expenses, including reasonable attorneys' fees. The arbitration hearing steal I lie 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 he made within 31) days after the close of the submission of evidence. An award by a majority of the arbitrators shall be final and binding on all parties to the proceeding. Judgment on the award may he entered by either party in the highest local, state or federal courtor before any administrative body. This arbitration provision shall, with respect to such dispute. survive the termination or expiration of this lease. Nothing in this Lease shall he deemed to give the arbitrators any authority, power or right to alter, change, amend, modify, add it, or subtract from the provisions of this Lease. No class action arbitration may he ordered under this provision and there shall be no joinder of parties, except forjoinder 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 patties agree that the transactions relating to this Lease involve interstate commerce and thin this Lease shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as amended. 1 16. Notices NOTICE l O 7 HE LESSEE: YOU HAVE NO 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 TINDER 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 Leasina Act Disclosures. 17. Lessee Signatures (check if other than individual(s) Corporation (J Partnership j LLC or LLP j, Sole Proprieto..rship Lessee Signature Lessee Signature "I,?"{p ?-[, i )4 L- -CL-v....r Type/Print Lessee Name HARD T COLEMAN Type/Print Lessee Name KAREN F COLEMAN 18. Lessor's Acceptance and Assignme t Lessor Name: WELLSVILLE LEASING 13 Assignee Name: Lycoming Auto Trust Type/Print Name: e-LL),& A3 A?9?C /C Type/Print Title: -4!!tj4N &6 The Lessor's authorized signature indicates the Lessor has accepted the terms, conditions and obligations of the Lease as follows: Lessor's Assignment. Pu rsuanl to the terns of that certain agreement between Lessor and the AssiLnee named above ( "Assignee") 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 tinder any guaranty executed in connection with the Lease, with full powers to Assignee to collect and discharge all obligations, any guaranty and assignment. 19. Lease Guaranty I I (the Gu uamorw 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"). !fan 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 :umd will not be affected by any settlement, extension, renewal or modification of fhe 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 ol'the Liabilities, and in enforcing this Guaranty. this Guaranty is an absolute, continuing and unconditional guaranty. After assignment of the Lease, this Guaranty maybe 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 he 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 .rod 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 corporals guarantor under this Guaranty. Signed in the presence of: Signature of Guarantor Date SEAL Signature of Guarantor Date SEAL) USSOW-2-1 F(ON06) W. DF.K Y, MLNC'.01-1. PA. rN,VA, WV 12006 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. eW ),A (S' nature -71 -i ?? i CD lJ SHERIFF'S RETURN - REGULAR CAFE NO": 2007-07252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYCOMING AUTO TRUST ET AL VS COLEMAN HAROLD T ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLEMAN HAROLD T the DEFENDANT , at 1829:00 HOURS, on the 12th day of December-, 2007 at 909 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to KAREN COLEMAN, 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 /a-/,,U/o T 4 ,/ - Sworn and Subscibed to before me this of So Answers: 18.00 15.36 r. r .00 10.00 R. Thomas Kline .00 43.36 12/13/2007 WELTMAN WEINBERG REIS By: day :$ !? j ` /eputy Sheriff., T A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYCOMING AUTO TRUST ET AL VS COLEMAN HAROLD T ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLEMAN KAREN F the DEFENDANT , at 1829:00 HOURS, on the 12th day of December-, 2007 at 909 HUMMEL AVENUE LEMOYNE, PA 17043 KAREN COLEMAN 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/13/2007 WELTMAN WEINBERG REIS By. y 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. HAROLD T COLEMAN KAREN F COLEMAN Defendants No. 07-7252 CIVIL TERM 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#06226125 Judgment Amount $ 7271.37 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. Civil Action No. 07-7252 CIVIL TERM HAROLD T COLEMAN KAREN F COLEMAN Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, HAROLD T COLEMAN KAREN F COLEMAN above named, in the default of an Answer, in the amount of $7271.37 computed as follows: Amount claimed in Complaint $6271.37 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1000.00 TOTAL $7271.37 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: 1N 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#06226125 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7d' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 909 HUMMEL AVE, LEMOYNE, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AUTOTRAKK LLC DBA Plaintiff KAREN F COLEMAN Defendant(s) IMPORTANT NOTICE TO: KAREN F COLEMAN 909 HUMMEL AVENUE LEMOYNE,PA 17043 Date of Notice: Q? la WWR#: 06226125 Case # Cj-QlL. T L?-rr1 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 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 Case # 01-1a5a C.IVt? ti?? HAROLD T COLEMAN Defendant(s) IMPORTANT NOTICE TO: HAROLD T COLEMAN 909 HUMMEL AVE LEMOYNE,PA 17043 Date of Notice; Q?,??, QfZ WWR#: 06226125 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 /?'atk . ?it viu c:? G('t7c?A1 vcc,e ?._. BY; 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. HAROLD T COLEMAN KAREN F COLEMAN Defendants Case no: 07-7252 CIVIL TERM NON-MILITARY AFFIDAVIT 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, HAROLD T COLEMAN KAREN F COLEMAN 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, HAROLD T COLEMAN KAREN F COLEMAN is not in the military service. Further Affiant sayeth naught. AFFIANT SWIOI?N TO AND SUBSCRIBED in my presence this d of '?. 00f,101;ON',"VE ."I r?P PENNSYLVANIA Noi Seal N ARY PU C Wayne A. Jonas, Notary Public City Of Pittsburgh, A!':qhony County I?f i?Cahn F_ 29. X010 Fie , L 4 _.. _. ?taries 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. • • Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center MAR-17-2008 10:42:05 Military Status Report Pursuant to the Servicemembers Civil Relief Act -K Last Name First/Middle Begin Date Active Duty Status Service/Agency COLEMAN HAROLD 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. Y )A - haut f 0 1. ,4 (0 Q4 , A??_ 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: htti)://www.defenselink.mil/faq/)is/PC09SLDR.htrnl 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: BOBRRZOUMUZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2008 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-17-2008 10:42:23 -K Last Name First/Middle Begin Date Active Duty Status Service/Agency COLEMAN KAREN 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. hw? 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: htt?://www.defenselink.mil/fag/nis/PC09SLDR.htm1 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: BOAGBLRXEXQ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2008 r. ? R? C3 7 -C 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. 07-7252 CIVIL TERM HAROLD T COLEMAN KAREN F COLEMAN 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 (xx) Assumpsit Judgment in the amount of $7271.37 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 ONOTAR DUTY) HAROLD T COLEMAN 909 HUMMEL AVE LEMOYNE,PA 17043 Plaintiffs 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 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. 07-7252 CIVIL TERM HAROLD T COLEMAN KAREN F COLEMAN 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 jilqjog (xx) Assumpsit Judgment in the amount of $7271.37 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: tl?2z, PROT ONOTARY UTY) KAREN F COLEMAN 909 HUMMEL AVENUE LEMOYNE,PA 17043 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