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HomeMy WebLinkAbout12-5483 WELTMAN. WEINBERG & REIS CO„ L.P.A. ` j ~~`-(;f~'t ~ ~ BY: rW 11 ~am T ~ Molczan, Esquire ~ , , ra ~ I.D. No.47437 n%~y~ F}~ 436 Seventh Avenue, Suite 1400 ~ ~~~'C Pittsburgh, PA 15219 "~'~~SY~ ~eolliyry Phone: 412.434.7955 NSA Fax: 412.434.7959 File # 9135914 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL INC Plaintiff a_ SW g3 ~ v ~ I vs. Civil Action No. BOUBACAR SOUMANA 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 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 1.7013 (717) 249-3166 aM~ ~ X03.75 dl~ C /b~o(ovaS rz~a~~~o. COMPLAINT 1. Plaintiff is a corporation with offices at 2911 Lake Vista Dr # 200 Lewisville, TX 75067. 2. Defendant is an adult individual residing at 446 3rd Street, Enola, PA 17025. 3. On or about January 22, 2007, the parties entered into a written Closed-End Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a New 2007 Pontiac G6, more particulazly identified in the Agreement, a true and correct copy of which is attached hereto, marked as Exhibit "1" and made a part hereof. 4. By the terms of the Agreement, Defendant was to make Forty-Eight (48) payments of $309.16, commencing January 22, 2007, and to pay certain license fees due at the inception of the lease and during the lease term. 5. The terms of said Agreement provide for termination upon satisfaction by Defendant of all obligations provided thereunder and upon the return of the vehicle by Defendant to Plaintiff at the end of the lease term, which term would end Forty-Eight (48) months after it commenced. 6. Plaintiff avers that Defendant defaulted under the terms of the Lease Agreement by failing to make payment to Plaintiff as promised. 7. Due to the Defendant's default under the Agreement, Plaintiff exercised its right to terminate the Lease. 8. After calculating the early termination charges due Plaintiff pursuant to the terms of the Lease, Plaintiff avers that a balance of $5,113.45 as of August 24, 2012 is due from Defendant. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Boubacar Soumana, individually, in the amount of $5,113.45 with continuing interest thereon at the legal rate 6.00% per annum from 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. William T. Molczan, Es re I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9135914 r_ A.L. ~ ~ • 1 i ~ s, i ~ a it i ~ ! ~~I~ ~ f ~ ~ ~ ~ ~ t ~ ~ ~ 1 ~ ~~n~ ~ , s ~ i ;iii ~ ~ ~ ~ ~ ~ ~ t t t ~ D ~a j ~ i ~ !t ti # i~~i d tF jt~t ~ i~ . ~ I I i ~ aa a ~ . ~i ~ ~~~i ~ ~1 a ~i ~ ~ ~ i a 1 ~E ~ ~ ~ ~ ~ S 1~ ~ ! i e~ ~i 1~~~~ll~~~ ~~1~~~~ A~~! i e ~ ~ ~ ~n ~ ~ ~'i i s s i ~ ~ ! ~ ; j ~ _ ~t~ ~ :i'f ~~i f ~1 a 't ~ g-~~~rr~ ~ ~ ~ ~~'~1j ~ rid ~~~~iei ~ •.ii 7i~, ~ r...._a._ r rr+s .rr_~r. ~~j ~.r..._.r__. ~ bF#~ (/ss .a~s_.r_!~ iit~~ ~r1~lt ~i~#~~ ~ ~ ri~' t- r m w m ~;';t j1~'j .~~C~1}j•sjRt ; t ft I i:~~ t ! ~Rf rl ; j! s~ ; 1{~, ~t~~=~~~~ f~~~i t~ Eis ~ 1~ ~~*~1 tl ' , ~R t j #t ~ 11~~~~.'! 1~~s ~ ~ ~ri .i • + ~ ~ is f 1. l 1 t t l t i t t! ~t ! t~r i~tl ' r ~ t 'f, a lltf ~ ~ ~~11 ~ ~ ~ t ~I'~~li i~iit t 4f,~ rj ~`*,1 ~ ~t~ ~ s'!# jf~ ! r~. ? ~ r s f ! 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Er a~ t ~ ! ~t~ ~ ~ ~Rrj~ ~t s! r s!~! its ~t~t~ t~l ~r. ~ 1 t~i~ t~ ~ ~ i~ ~t t ~ t t It{',~yt it~t o ;l ~t 1~ ~rt s~ ~ ~ ~!t s ~lj ~ ~~11 fi . t ~ a Rl ~3 S~ $ 1~ 1 i•~ji~'~,~~t t'•l~~i 8~~1 'jrj t r! . s]~ ~ fEr ~ t 1 • !it 1 1 ~t ~ ~ ~'J;~! dt~j!!{~ t ~f 1ir~ ! ~~i~i.~[ ~l~~ l1~1# !!7 ~ I I I I 1111 ~ ~ i l 1 I I ~ ~ ~ ~rj r~• ~r~ ! ~ ~ . . ~ ~ ~ t ~ ~ ; r r t r#~~ rlt~ll r r~ti rI rs! :rl r.1~~t .i t~~~ cif! e1~ i~~~ t~, LY FINANCIAL INC. laintiff s. OUBACAR SOUMANA efendant(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 C i n d v Shafer (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 Plaintiffs 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 Plaintiffs 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 $5,113.45. This outstanding balance includes any and all payments, credits, rebates, adjustments and charges posted to the 2 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. ~v Portfolio Coordinator y The foregoing instrument was sworn to (or affirmed) and subscribed before me this ~ 6 da of Zoe b Cind Shafpp~~ Y y Y ~uiho is ;personally known to me or ( )produced as identification. ldCr?'~~ ,,,,PV~,~:, MARY K. MANN .P. •.B°~, Ne a Y :r ~ ? r Pubic, State of exas -Imo---~ nnv Commission Expires e/Print Name Her ~~s'4J"';E+,~~ October 04, 2014 NOTARY PUBLIC, State of Texas My Commission expires: ~ A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 3 REDACTED AI~~ P.o. fox 380902 August 25, 2010 BLOOMINGTON MN 55438-090'2 Boubacar Soumana 686 Cumberland Pointe Cir Mechanicsburg PA 17055 I~~~III~„111~~,.i.I~~I.I~~I~I~~I~~II~I~~~~~III~~I„II~.I~I~~I Account Number: 44796 Dear Boubacar Soumana, We recently sold the leased vehicle and we are providing you with your final account settlement. Account 8~ttlement Now that the vehicle has been sold, to settle your account and satisfy your obligations, a balance of $5,113.45 is due from you. This includes the following: Remaining Base Monthly Payments (6 ~ $283.63) $ 1,701.78 Less -Unearned Rent Charge - $ 231.35 Net Remaining Base Monthly Payments $ 1,470.43 Net Remaining Base Monthly Payments $ 1,470.43 Excess MileageJExcess Wear Charges $ 2,257.25 SalesNse Tax on Excess Mileage/Excess Wear Charges $ 181.34 Past Due Monthly Payments $ 927.35 Unpaid Late Charges $ 77.08 Unpaid Fees and Taxes $ 200.00 Less -Security Deposit - $ 0.00 Less -Other Funds Received" - $ 0.00 Balance Due $ 5,113.45 Please send payment of the balance due and the attached payment coupon in the envelope we have enclosed for your convenience. " Other funds received can include an additional security deposit you paid during the lease, credits applied to excess mileage, excess wear or any other charges owing, refunds we've received for cancelled optional insurance, service, maintenance or other agreements, and amounts credited to your account for promotional programs, unused extra mileage and amounts you paid that are not yet due. Sincerely, Ally Financial i Contact Information: You can reach us by visiting ally.com or call 800-241-0174. illy lll~ 209881-00239 SlT1D2 D1 MAKE CHECK PAYABLE TO ALLY AND MAIL TO: ACCOUNT NUMBER: 4796 PAYMENT PROCESSING CENTER BALANCE DUE:I 26,113.45 I PHOENIX AZ 85062-8,'ie9 Il~~lnl~l~ll~n~ll~~nl~llnln~ll~~ll~~l~l~ull~~l~l~~lnl~l ~~CHIBIT Y i z~~ i A~',a .~s REDACTED EXHIBIT 2 ' ~ Department of Defense Manpower Data Center Reaulteasof:Jul-27-201211:25:31 • SCRA 2.2.2 a7iii~YO Sr~TVICGII~GI~1~Gi8 ~.LV11 RA'~ICf AC# Last Name: SOUMANA First Name: BOUBACAR Active Duty Status As Of: Jul-27-2012 S ~ tile~drwvta~rt>;, Adlw~+4 ~pir.~tt• NA NA No NA Thls response reflects the indlviduab' actlve duy ahtus based on the Ac1Ne Duy Status Date t;iR I1a~re Ady Vy1Uitlji7l/s~a r~fpA~Nw ~ 9~ (1WY AWNS t7by SOYt Dude Auffae Day Etidtfeb HISMn AIeVU7e fiL/~IpNMII NA NA No NA Thin response reflects where the IndWWual left alive duy status whhin 307 days pracedinp the Actlve Duy Steals Date aahl~1r11'1eY - , ~ r , f9~ . ~ , tiirotae rasrapon.n NA NA No NA ThM response reflects whether the IndNklual or hidher unfl has received early notlflcatbn to report for actNe duy 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 ail 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. s ~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 EXHIBIT 3 ' The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts In any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "detenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional SeMce verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following Information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate Is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days In length were available. In the case of a member of the National Guard, this Includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized moblflzation position in the unit they support. This inGudes Navy Training and Adminlstretion 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 Administretlon (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader In some cases and inGudes 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 Tdle 10 and Title 14 active duty records for all the Uniformed Services periods. Tide 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 webslte certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inGusive 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: 579M647EQ9 ~ y _ 4_i . F T y ~ ~ ,._,m. . J - - j - _ w..sx . ~ - ~:~~al~ L dS._4'~ =Fyn6t - ' ad"-..F 1 .+c M i s'RI i 1 _ - ' ~ 5,' _ i.. i W :i 2+ ~ nT~`~ ~I dYllt IF ; lia ~S u - Itl' ~ ~ ~ F~1'e' '3y ~I€u"- _ - - - -^-.rte - ~'Y - - ~ - 1J' - - - i ~ ~ t . d iR S ~ l :itr L.I ~ ~ ~ r - _ - _ -rt ~:..~r ~e~- ,III.. Y ~ ;,i ~ i r ~ ~ era ~ ~ ~ c ~ ~i~_ - _ F z ~ ~ i,~ rs- is ~I ~ - F: _ - _ y 2 - ~ - - i 'Ey - _ - - - - - - RE DACTE D EX~'IBIT 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 0,, ,,p 01 czrlftbo-q, ;1V 1 '76 t _id ; ??i"LV?t?I Ally Financial Inc. vs. Boubacar Soumana SHERIFF'S RETURN OF SERVICE Case Number 2012-5483 10/02/2012 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: Boubacar Soumana, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Boubacar Soumana. Request for service at 446 Third Street, Enola, Pennsylvania 17025 does not exist in Cumberland County, Pennsylvania. SHERIFF COST: $33.00 SO ANSWERS, October 09, 2012 RON R ANDERSON, SHERIFF Dou IySude Sll';ff_ Teleesnft, Inc.