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Home My WebLink About12-1422WELTMAN, WEINBERG & REIS CO., L.P.A. Attorney for Plaintiff(s) BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9135946 t >" ?'? ! t a ii ?Ml Oil0TA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff vs. Civil Action No. JOHN SMITH BRENDA SMITH Defendant(s) COMPLAINT AND NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE, CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E3E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFI-ER LEGAL, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ? .} 103.7 5 ?d a? C?? /03? tg ?n Q ??a-? ? 9a 9 COMPLAINT 1. Plaintiff is a corporation having offices in 2911 Lake Vista Dr, Lewisville, TX 75067. 2. Defendants are adult individuals residing at the following: John Smith 16A Springers Ln New Cumberland, PA 17070 Brenda Smith 1920 Elm St New Cumberland, PA 17070 3. On or about August 13, 2007, Defendants duly executed a Retail Installment Contract (hereinafter the "Contract") in favor of Klick Lewis, Inc, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendants took possession of the vehicle more particularly identified in the Contract as a New 2007 Chevrolet K1500 Silverado. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from Klick Lewis, Inc to Plaintiff. 6. Plaintiff avers that Defendants are in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of $9,548.28 is due from Defendants as of December 22, 2011. 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, John Smith and Brenda Smith, jointly and severally, in the amount of $9,548.28 with continuing interest thereon at the statutory rate of 6.00% per annum from the date of judgment, and costs. 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. G?' .. William T. 4/ei? I.D. No.47436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9135946 RETAIL INSTALMENT SALE CONTRACT GNAC FLEXIBLE FINANCE on" PLAN i? 1O // t17 q1 J 33 Deaw Numbs Conwd ?a "? !/ (,l/ S Buyer (and Co-auyer)- Name and addreas (-nice county and ap code) Cradrar (Solar name and address( JOHN SMITH BRENDA SMITH KLICK LEWIS INC 25 IttaaTER9 CHASE 729 EAST MAIN ST IPALMYRA PA 17078 You. car Buyer lid C I uyar, a airy), nay buy ar velvde deaabed below oar moan a on credit By owing two cornered, you moose to any me velacle an erect under ar agreements m car hart and back be the eonrect You apse to vary w, am Creditor, the Anwmt Financed and France Charge according to the paynad schedule shorn below We we fgwe tai Fria Charge on a daily sew New d Upd Vei Make and MOM vdnoa IdonvkeslkOn No Privary Use for Which Ptachased CHEVROLET ? peraonW, carry, or houaahm 0 ogncamaal K1590 SILVERADO 28CEK 1 3PF771690669 0tusrass O fEOaM1L T I ."4114-LENOING GMCLOSUREa ANNUAL FINANCE Amawlt Toth el Poyawna Teal 5W Pnce RBCENTAGE CNAPM Financed Th. emam you Tr Will Coat of BATE The dalkr Tr arort of win have paid alai your Purchap m Tha coo of year aniond car Bradt provided to you have made as inWdrng credit. credit as a ready credit will mst yea or m your pay rwi to as your do-peymitt rate YOU behalt $~Wed. 015 . as a I Yew, P.yrwwnt sera." wM ae: I NumOer d Akroutl d P W nen Palma s M 0- Or as Favawa S Mwvay b.proag LO Gigs. E a payment a not racwad in IWI within 10 drys abi a is duo. you will pay a au des" B ova vel.de a a harry Dorlanlarual motor vdack, the large will be 4% of the pail of the paymenl 1hai a hat O bwwisa. ON cargs oval be 2% Pa mantel of to Dan at tlr paymanl cast a 412, hgurW bases on a hot pl.nndar mpnlh Isr airy pad d a mmn out a mere min t0 roll. Prspar~L a you payoff 00 your debt artily, you ova not nave k pay a poraay BaOeaNY Irerpt Yau w Ovnpa sanny mares n fMvelece heagprrmased Addtl.cW IdmnaUOn: SAO ma wmrao for more nlvimkablam akWdrg nkwnaum abDW no npaPasd, dalWt any n eWred np yera m hill before vw sd- d d dab, and a.cumy midst I'MMUTION OF AMOUNT FINANCED t Cash lance oncumg any acLwsaerrs. seines, and saes) S 1015.00 (1) a TONI downgayod e (11 negatwe arer'0' and ell one am Mime Cross pat-n E -DMa M NNa 3 not vat-at.s.... _ . Cash S . atlrr (chance) (2) 3 UnPad btlallte of man lance it amt 2) 3 42023.00 (3) 1 Orr, ca"per" edhdng avant Pad to era m row bOON (Soler pay keep pan of rip arrant )• A Cass of optional crew arerhnnh pea to am nrrursrc. .oMpary or -marriage live 3 NO Ore?Orkry S NR s NA a "mar!Dared pad a tai rnsannaa cpnr4afly (deeibel S NA C CROW fail pad to flornantars agencies 3 13-00 0 Govern yere tut opt nRAded in own Once, 3 2401 _ Sm E Gavwroarnenl Iodine anWor ragaD- , lees S an, as F 0-rm.rt certhcaa or over Ills I I '- fee s 1 Nor G Owti ca 1111 or muw dably nano a pad and deavbe Wrppse 1 W for S NA aKLICK LEWIS I kxDOC FEE $ -MON) a tdSAp INSURANCE $ 51w.wra- lo kx $-?a- b 101 f •?• M Na Mom- in pavoll Is s Tito oenar drop eel amaeaa Pad b power on vour berhrt S 3175.00N) S Amaae bnwwW IS ..I S a France dash $ lal 7 12M 01 m mraa -amt balance Is. 63 s??77''!!!!?TTtn'"' Irla.re we You may buy the pnpaael damage rnswsnes Ilea contract aim- (ap book) loom. anyerw you coat who is a=SPI& le b p Y.. ae not raQWed lo buy any oerr nsunace to obter wVau dacroorr, lo buy or not bother, was not be a factor n M Made approval PIOMS It any otswance a clacked below, pohcies or Comfiwas frorn the rmmed aaarfnce Mmyaroea we do-" aw amts and cen k- Crek tai In-reog yea wom and alg i mme. OPllenal Credit Ip lemon. p Crean life ? Buyer U C Iluyer Town O Credit DNa44Mr (liuyar Dry) Te m fm T P swan NR coda Lp f C'.dt ow.aky s IhuAwarvw Company) Ilbme Oxva Addma i Creole life uaiaroa and credit dmb ly rrurance ae not rerpa al b moos crime Y" drearsiont to bury a not buy avert IN, .arrraroe ad table dsaUaly owe" ce will rot be a tacN in do Moss Wprovo ponces They are not be larovelled union yes sign and ogres to pay M wara coal Credit kk anur-alt Pays on upped Pat d Ina anCUnl Inerced d you de TIr aauowwo part only the -in' am yes wowd ow it vow out as your paymona On amt Crelee Ombky rauriae port tai eeheeaed paynwon duo trader ma CornbaG eitvk you w disabled Ter insurance dap not coves any -wage in ya,r prymad or in to ri-ber d phymerp The patinae or wakcaw naiad by an ni rwd moaners cornme es may hors hone Ili cove raper wW Media lift or meek dreaNy, asere this ponies or come l e to coverage knp and view, amts anal Corrdanoce Other brewa im. 0 NR NA Type of Icewres Tenn Prenwun f NA tlA _ (V-- Cmnpary) lab IHanr Date Address) I want the Insurance dledrd above x dart, Srgr,mne view x I/ C twin, signmrw Data ANY INSURANCE REFERRED TO IN TH13 CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LMLITY AND PROPERTY DAN1hGE CAUSED TO OTHERS. n yaw die nes mast yes ea .0l d ebby.Ofte, yaw way kwh row motor vatok. - NOW TNH cD1 ACT CAN BE conbap conta.a yes .me. Mgr.- aetw.en Y law ce,.1.1 1.1. or o- act Any chanp. b tw fba • ag a we d Not .41 dwgr w binding binding ? OonlraCl a Y B % Sk If any pan d was as a not pled. ON obi fart Nay valid We may ,Way or whin from a my 's our oats krlda no contract wtaryt kung "M p7 For .wnpla, .slid the Ymr for mWorq Matta paymams wToul eronang the tht W meap dawws EXHIB I i Yau ouwnonze cs b obakn rnlarrrna0an about you, or the vefece you are buymp, tom des stab motor valacle ce wer em a other motor V.. rayo,,k alt .umonsoe Sm es.k tar ether Imps r om mrserrnoath. Do nas hlga thr rievoaat on • wnday... The Annual Percentage lfab ma be negotiable with the Sailer. The Sailer may assign this contract and morn its right to receive a part 011 ha f7rranea CX anger. Notice to Buyer. Do not sign this contra In blank. You are entitled to an exact C y of the contract you sign. Keep it to protect yo r I I r aurer9 Can tE6/13/200?oary r x / oat 00/13/0'7 You agree the terms of Contract. You confirm that before you signed this Contract, we gave it to you, arid you 4ahes it and review it. You confir that you received a completely filled-in y when u ned it. r 08/13/07 Byes x Daft 0e/13/20e7Ca_gwyr-47 k Date D - A a n who a raspmable W Paying bra ti wet An orwr owner is a pargan wlwp revive a on me ooh to velar. Ou doe haw b goy Ilia err owner eiap b caw "aunty tae ast n Dr -had. anon b w in was contract cad W clown x Date Address; Cndoor Sara KLICK LEWIS INC 1>a" 08/13/200__ Too e-i^- 91 35946 SNIa 0"*- r aft'" in am Lwrerad ao 12 CIMAC ? M.-ad National Atari Rnena. ? BMACM Credit Cmganv. - urger the hence d S-Im's agrelan ernes) wall aeegrnw Aasrgrrd lI1M repata]e A rerDUrr 01 hrn.led IePOUnp KLICK LEW f ?,.0- Soler By TW Seller By Tale Zt o0 FR. PA 10PAM (For Use in W. Saw al Porvwykrerae) (I of .) N-r See 01hw fa. - - Copyngm 2005 GMAC All Bights Reserved OIaO CAL OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. Nate we wee figure FIasrrea Carps. 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YOU VA Pay Its "sesmabla atbn w s fees aW court mew. es M law Pemws YW tn4 Iusa Pay my adarwye lees .Ind.stet soda .-ft-.k.. A We may YM tot -Mara ran you. h you eWra. we test, rho (repossess) M whale hum yW d we do M plWaftay, old dN Jew allows d N yUw velw has m Ow-.YC trmrI d@WA. rW .(paw rift we may des to device to kd ere vel . I we Wa to while. My wdtaeuswos, agw .tint. Ord Nplrwosm Pont leis slay wIM the - vehm& Maly perm al dents an mar va)vde. we may saws dYm for yW a your Mperwo I ya" 00 not sus for stem awns back, we may depose at aem ft the law adore a Maw You set, 00 the treh.le back N we take a. a we twpow as aW valves. you may gas A that by paying bas urpard Pan of aN Amrdtl Financed des Yle awned and unpad pan of Ow Fnawe Charge. any We din. and ay CMNr mower ilea liable" You debLow (reclean) Yaw ,qN to redeem atls wAen we w A Mw, vldmdg We wO W YOU how much b pay b "Idea" I we repossess dot velwds, we may. at w opeom awow you to got ohs eNds back slop. we 0111 d by MWV .1 pest due PayenatN -cl 6M chargas (news) We old t.11 yoU if roe ?nay nl OM Will how much b pay Of you -Y ¦ you were M ddawt la teas sun 15 days wan we took M velrb, aN amoral yW "eat pay 10 rldslrn a "Maur old MO rlltatlf the -P-- d takag dot ve1twk, fblrq ti end Pepatwg d for ter 1. W. wNJ mg as -N01. If you dos sat gas aback 11 yW do flat ,ad".. - sal -0 sot vdlwW We will cord you I wrdrn n of We Wks-Ibrg MrW d. We led UPPly M ROMY Iran era taw, 1413 waowed arP.raes, b dos .tend You OM Allowed separates we aepetwas we pay as a dwwt ream 0110" aN vshwle, tWdmp a. ItrePOnly It b sale, and?slug d. as ft an aMD1Y3. Reusbllabe w11011Ny use aW dohwl Custer aN Jew Pelads We also abused expenses N any 11away is ell (swipl as), we WO Pay d to you N Money kom live Sale a not alalgh to pay M Imam YOU owe. YOU must pay on Just to us I you dos "d pay dui arworme whn we ad.. we My dlwlpe yet wderest at We hghW lewlul rat. urod you pay a. What we -Y do shout Cpf.nat ft w-M W WhdanMe.. mry1M. a enter 0wrarrtrae. Tm osr,ow may oarrtun Wares for oplbraw reMrrwe. OYa timmog. worms. or a" oorancls. I we n i-sass the vtdedo, we may Chan berwhts uder N 001W110e and Caret dam b -Man 1101101111 Of ulasfned darga to MA X0 trdat Toe owe or repay Ws nalYCe If UN vefede n a Nut bus bephlY d a oath cp a , damaged, a .lows, we nay dam beltwha under glee Cmbwb wW Causal tom 10 boost "kale d unsettled changes to noun what yW ale It. gwmnery "ft- I"Wdhm Prapers"WA Md rokime" nL YW way prepay ere r pert of alas sew,sa yet ows ur aer an osmoses" sr arty bm -naa penalty If you b ac, you any haw b pay des caned and wtPad Pat of Ste PnaRe Owdgs and all wars amama AA tar b got deb d Yea Paymen. I yW default and we repossess aN of . we may, at w oaten. adww, you b Set dot verllale back bebro we Iwo d by pa" as paw due payrnents, tats ranges. and mWeraes i. YOU MAY PREPAY _ YOU may PrMay NO a Pan d to wrord park of the Antrnt Fewwac at -Jr bed wooat PMrm a yW do b. You rear pay aW Mmed and egad Pre d rim Fwhawa Chase aril as OaNr amaro on up to ere dab of your paymnt L IF YOU PAY LATE OR BREAK YOUR OTNER PROMISES I You atev era Iwo -v- YW .n Pay awas .urge .r cam Jet. Psrrmm as eaten w ate Inra Acaptmba at s lass, pgmnl a kOb Chaps doss not Mews yaw Was payed or moan dW YCtI say hasp t PaymrY N you Pay has. we nay ad. take the I so. it" [ItesaesrHao d bdww b. You may hens to pay all ydU once at dip. N you bra* you Pdrnawo (tlOW% we nay, dwmard thal you Pay III you ale on Iss Camad Alt a= DdaA os a n 1. You do JNI pay any payseas m arse. Y You ten ¦ pncMdng m badMpley or orta M Warled mew W yea a yw Property. W 3 YW brmk m agrMnMUM M beg orMact The .""oral yW rd. Plea led W are -Para Pert a M Amasu Fn-wed pl- aN eamac and t .,lees pan a a. Fa Chan.. any Real Chagas, OW any wMatN On beaawe YOU debuba e. WARRANTIES SELLFR DISCLAIMS Th. fobw" paapnph does rot alb" eery warrrrees tes.ng dos -lade am as wleew mnrasosaar Cody P. de The laaa'aag Paagraplh .lap JIM 19 SPOY ass d you bagN IN -has P,.W* spy Pelsma, eesly, or hdYi.nad use. Unbm Ile Sada mane a rdhatt wmmy. a "two it" • .web. asnw.r MMle 00 dank ken the daft of IN. .sw wL 0. Biller made. t,1 wrnmleR stews. - knph.4 On V. -k kk and arr. -N W caw I tofred wammles Of mersharasWUy, ar of hares le" ¦ Particular Purpose. a Used Cargtyers Guide. Theldorwindw you w an aN wbdow ham for this vehkaw Is port of this Pmoaet kdvmwtbn on the window fort "Wrldes any wnkry provisions In the contract of sae. Spanish Tmabd n: C.I. Pan emewedons d. -h.ul- uaWOs La inforpu d" R- w as M .,mill- dm . vemew"a pawl se. v.hleule tame Me% d.1 Peeeras aMaab. La bfr-aaa" d.1 fon ulrio f.. vaIINIY dais .Jt, remea Jose dbp-1.6" as Mnwer..-Und..e W -eft as Y. 7 APPLICABLE LAW Feaara qW std Pewrv4 w m tow apply b Iha tbmracl 965£66 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH TH! DEBTOR COULD ASSENT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ALLY FINANCIAL INC. F/K/A GMAC INC., Plaintiff, VS. SMITH, JOHN, SMITH, BRENDA Defendant(s) AFFIDAVIT AS TO AMOUNTS DUE AND OWING AND MILITARY SERVICE OF DEFENDANT(S) STATE OF TEXAS COUNTY OF DENTON BEFORE ME this day personally appeared Clot. , (Affiant) who first being duly sworn (or affirmed), deposes on personal knowledge and says: 1. Affiant is over 18 years old and competent to make this affidavit. Affiant is authorized to execute this affidavit on behalf of the Plaintiff as an employee of Ally Servicing LLC. Ally Servicing LLC is an affiliate of the Plaintiff and is responsible for the servicing and administration of the account that is the subject of the above-styled action ("Account"). The Account relates to credit given to and owed by Defendant(s) to Plaintiff. 2. Ally Servicing LLC maintains the Plaintiff's records for the Account in its capacity as Plaintiffs servicer in the ordinary course of its business. As part of Affiant's job responsibilities, Affiant has access to certain business records related to the Account. Affiant makes this affidavit on personal knowledge, after review of certain business records relating to the Account. Such business records were made at or near the time by, or from information transmitted by, a person with knowledge, kept in the course of regularly conducted business activity and it was the regular practice of Ally Servicing LLC to make such business records on the Plaintiff's behalf. 3. Defendant(s) failed to pay the amounts due on the Account. Attached as Exhibit 1 is a true and correct copy of the notification mailed to Defendant(s) regarding the remaining obligation under the Account as of the date of such notification. The document attached as Exhibit 2 reflects that as of the date of this affidavit, the outstanding balance owed to Plaintiff by Defendant(s) is $9548.28. This outstanding balance includes any and all payments, credits, rebates, adjustments and charges posted to the Account after the date of Exhibit 1, including but not limited to court costs, service of process fees or other legal costs. 4. Affiant reviewed certain business records of the Plaintiff to determine whether the Defendant(s) is/are in military service. Such business records do not indicate that the Defendant(s) is/are in military service. In addition, Ally Servicing LLC obtained a certificate as to military service of the Defendant(s) from the Defense Manpower Data Center (DMDC). Attached as Exhibit 3 is/are the DMDC certificate(s). Based upon the foregoing, Affiant states that Defendant(s) is/are not in military service. FURTHER AFFIANT SAYETH NOT. &rTt01;6 Canrd-?k?.?' The foregoing instrument was sworn to (or affirmed) and subscribed before me this yqay of _Or2011, by b ; ,? ? ` er , who is , personally known to me or () produced as identification. Type/Print Name Here: NOTARY PUBLIC, State of Texas My commission expires:! A049 rtilAav r?u WELTMAN, WEINBERG & REIS CO., L.P.A. ra .tC e 04 2014 2 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act 40' Page 1 of 2 Nov-28-2011 11:37:21 Gnhl??t.3 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency SMITH JOHN Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). )6t IrA. 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced 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 status by contacting that person's Service via the "defenselink.mil" URL htto://www.defenselink.mil/faci/i)is/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National https://www.dmdc.osd.mil/appj/scra/popreport.do 11/28/2011 Request for Military Status Page 2 of 2 Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:RR006566132 https://www.dmdc.osd.mil/appj/scra/popreport.do 11/28/2011 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act 40' Page 1 of 2 Nov-28-2011 12:32:55 -K Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency SMITH BRENDA Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). y6t fit 04*00,- L6? 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced 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 status by contacting that person's Service via the "defenselink.mil" URL http//www_defenselnk.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National https://www.dmdc.osd.mil/appj/scra/popreport.do 11/28/2011 Request for Military Status Page 2 of 2 Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days„ Coverage -Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:TPVIFE156J https://www.dmdc.osd.mil/appj/scra/popreport.do 11/28/2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Ally Financial, Inc. vs. Brenda Smith (et al.) ?!EErtLt,l'il? 't N I 'f. PEE Case Number 2012-1422 SHERIFF'S RETURN OF SERVICE 03/06/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John Smith, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant John Smith. Request for service at 16A Springers Lane, New Cumberland, Pennsylvania 17070 is located in York County. 03/16/2012 05:49 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1749 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brenda Smith, by making known unto herself personally, at 5505 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $76.00 March 19, 2012 ?_ ? RYAN BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF clCci?hrtr,i3h f-(Eac,...:(l . FILED-0f= FF I'C'E" THE PP%0TH0N0TA '+' L.'t 2"12 i'lP ' -7 1~M 2: ?8 CUMBERLAND COUNT`( PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff No. 2012-1422 CIVIL vs. PRAECIPE FOR DEFAULT JUDGMENT AS TO BRENDA SMITH O NLY JOHN SMITH BRENDA SMITH Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9135946 Judgment Amount $ 9,548.28 ? g ?6 Sb P9 01? a jbug33a? ngj' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff vs. Civil Action No. 2012-1422 CIVIL JOHN SMITH BRENDA SMITH Defendants PRAECIPE FOR DEFAULT JUDGMENT AS TO BRENDA SMITH ONLY TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Brenda Smith above named, in the default of an Answer, in the amount of $9,548.28 computed as follows: Amount claimed in Complaint $9,548.28 Interest from date of judgment at the legal interest rate of 6.0% per annum Attorneys' Fees $0.00 TOTAL $9,548.28 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; ?--"-'? James C. Wa odt, Esquire PA I.D.#425 4 \ Weltman, einb rg & Reis Co., L.P.A. 1400 Koppers Bld . 436 Seve' th Ave ue Pittsburgh, P 15219 (412) 4-7 5 W 9 946 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 b Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 5505 Creekview Road, Mechanicsburg, PA 17050. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff JOHN SMITH BRENDA SMITH Defendants CASE#: 2012-1422 CIVIL IMPORTANT NOTICE TO: Brenda Smith 5505 Creekview Rd Mechanicsburg, Pa 1705 Date of Notice: W WR#:9135946 YOU ARE IN DEFA LT 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 NOTICE TO A 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire P.A.I.D.# 90963 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 WWR #9135946 IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff VS. JOHN SMITH BRENDA SMITH Defendants Civil Action No. 2012-1422 CIVIL NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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, BRENDA SMITH 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 DMDC does not possess any information indicating that the below individual is in the military service: BRENDA SMITH 5505 CREEKVIEW ROAD MECHANICSBURG, PA 17050 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Su RaPW Prusuant to Servicemembers Civil Relief Acct Last Name: SMITH First Name: BRENDA Active Duty Status Date Apr-30-2012 Results as of : Apr-30.2012 08:38:50 SCRA 2.1 Active Duty End Date status Service Component On Active Duty On Active Duty Status Date NA No NA This response reflects the individuals! active duty status based on the Active Duty Status Date Left Active Duty Within 357 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HWHer Unit Was NodW of a Future Ca"p to Active Duty on A Ilve Duty Status Date NA No NA This response reflects whether the individual or hisTher unit has received eary notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Nay. y?- ,G? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currentiy on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp://www.defenselink.miVfaq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). If you obtain additional information about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: VSH7QSTCG9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff vs. Civil Action No. 2012-1422 CIVIL JOHN SMITH BRENDA SMITH 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 t! 112o1Z (xx) Assumpsit Judgment in the amount of $9,548.28 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 Aw Prothonotary By: PROTHONOTARY (OR DEPUTY) BRENDA SMITH 5505 CREEKVIEW ROAD MECHANICSBURG, PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-1422 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLY FINANCIAL, INC. F/K/A GMAC, INC. Plaintiff (s) From BRENDA SMITH, 5505 CREEKVIEW ROAD, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: NEW CUMBERLAND FCU, 6692 CARLISLE PIKE, MECHANICSBURG, PA 17050 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,548.28 L.L. $.50 Interest $47.09 Atty's Comm % Due Prothy $2.25 Atty Paid $227.75 Other Costs Plaintiff Paid Date: JUNE 14, 2012 David D. Buell, Pr honotary (Seal) By: Deputy REQUESTING PARTY: Name : MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS C O., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: Plaintiff Telephone: 412-434-7955 Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff VS. JOHN SMITH ezo BRENDA SMITH t SSbS ?k?A Civil Action No. 2012-1422 CIVIL 2A 1 1W k-)DS6 Defendant (? NEW CUMBERLAND FCU, ('0? d, V?' t t?e tV t ?\? ?? Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION AS TO BRENDA SMITH ONLY Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. 3. 4. against BRENDA SMITH, Defendant against NEW CUMBERLAND FCU, Garnishee Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): S Las a od F -71A. ?d3.?S tlt? ??. 501i u a? a $ 9548.28 $ 47.09 $ 9595.37 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WW ? Or-& 4 R#09135946 rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff No. 2012-1422 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION JOHN SMITH BRENDA SMITH Defendant NEW CUMBERLAND FCU, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#09135946 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?gi4N'?p 01 ? It?NG?r?d?d OFFICE ':t' THE S-FRIFF 12 J°Jtil 22 6 2 PEMNSYl.VAN ". Ally Financial, Inc. vs. Case Number Brenda Smith (et al.) 2012-1422 SHERIFF'S RETURN OF SERVICE 06/20/2012 10:46 AM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on Juen 20, 2012 at 1046 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Brenda Smith, in the hands, possession, or control of the within named garnishee, New Cumberland Federal Credit Union, 6692 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Briana Howsare, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, June 21, 2012 RON R ANDERSON, SHERIFF .oelle-1- T Black, Deputy 16 CountySuite Sheriff, Teleosoft Inc. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esqu `rte Attorney for Plaintiff(s) I.D. No. 86469 436 Seventh Ave, 1400 Koppers Bldg v , -_ Pittsburgh, PA 15219 r : - a Phone: 412.434.7955 Fax: 412.434.7959 ' File # 9135946 ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff Cumberland County Court of Common Pleas VS. No. 2012-1422 JOHN SMITH BRENDA SMITH Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter as to John Smith only. WELTMAN, WEINBERG & REISSO., L.P By Sarah E. Ehasz, Esquire Attorney for Plaintiff 05 411.1s p p A r?'Y CYr ros?oR?33 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9135946 ALLY FINANCIAL, INC F/K/A GMAC, INC VS. JOHN SMITH, BRENDA SMITH, and NEW CUMBERLAND FCU Garnishee(s) Attorney for Plai lE..ED-OFF[CF 'ti PROTHONOTARY 2012 JUL -9 PM I x 3 I CUPENNSYL?ANI,?NTY CUMBERLAND County Court of Common Pleas NO. 2012-1422 CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), NEW CUMBERLAND FCU,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By. Jnfs C. Warmbrodt, Esquire tt rney for Plaintiff C,?? /o S?sc.? ? arn3s { ~ lid ~fUTf#€?Nai'A.~'`r ZQt1 SEP -4 PIS 2: ! 3 WELTMAN, WEINBERG & REIS CO,~~$Y~y~~~~~{~~y BY: Sarah E. Ehasz A-ftorney for Plaintiff(s) I.D. No. 86469 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 9135946 SEE/CJC ALLY FINANCIAL, INC F/K1A GMAC, INC vs. JOHN SMITH BRENDA SMITH Cumberland County Court of Common Pleas No.: 2012-1422 CIVIL PRAECIPE TO DISMISS WITHOUT PREJUDICE AS TO JOHN SMITH ONLY TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice as to John Smith only. / WELTMAN, WEINBERG & IS CO. .P.A. By Sarah E. Ehasz, Esquire Attorney for Plaintiff MII N~ ~ ~ ~N ~N NNI NNI NN IHN HII p~.m-~ ~ ' S0 P~ ~ ~,# 1 `?03 ~0 8 ~.~t ~~ ~ ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , Sheriff `. a at cumbft'j _ ii -U i ~T Jody S Smith I HE P R 0 T H 0 N 0 t; ', Chief Deputy g° 2013 APR -5 PM 3.- 53 Richard W Stewart Solicitor OFfICE OF THE& RIFF CUMBERLAND COUNT`' PENNSYLVANIA Ally Financial, Inc. vs. Case Number Brenda Smith (et al.) 2012-1422 SHERIFF'S RETURN OF SERVICE 06/20/2012 10:46 AM -Tim Black, Deputy Sheriff, who being duty sworn according to law, states that on Juen 20, 2012 at 1046 hours,attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Brenda Smith, in the hands, possession, or control of the within named garnishee, New Cumberland Federal Credit Union,6692 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Briana Howsare, Branch Manager,personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 04/05/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $101.74 SO ANSWERS, April 05, 2013 RON R ANDERSON, SHERIFF ;.)CountvSuite Sheriff.Teleosoft,Inc. M WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-1422 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due ALLY FINANCIIAL,INC.F/K/A GMAC,INC. Plaintiff(s) From BRENDA SMITH,5505 CREEKVIEW ROAD,MECHANICSBURG,PA 17050 (1) You are directed to levy upon the property of the defendant(s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: NEW CUMBERLAND FCU,6692 CARLISLE PIKE,MECHANICSBURG,PA 17050 and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$9,548.28 L,L. S.50 Interest $47.09 Atty's Comm % Due Prothy$2.25 Atty Paid $227.75 Other Costs Plaintiff Paid Date:JUNE 14,2012 CD4W David D. ,Protho atary (Seal) By: Deputy REQUESTING PARTY: Name: MATTHEW D.URBAN,ESQUIRE Address: WELTMAN,WEINBERG&REIS CO.,L.P.A. TRUE COPY FROM RECORD 1400 KOPPERS BUILDING ln Testimony..Whprodt,l here unro set my hand and the j0.of said-Cri�u at Carlisla�.Pa 436 SEVENTH AVENUE This tti d's of ,20 poi PITTSBURGH,PA 15219 �, J JP;':)th0:'C1� Attorney for:Plaintiff 1_r Telephone: 412-434-7955 Supreme Court ID No. 90963