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HomeMy WebLinkAbout12-6350WELTMAN, 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 # 30035393 'OFFICE 'JTyO `OTAr", L #? ;LAND COUNTY '" 1`?»1JYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL INC. Plaintiff 61 VS. Civil Action No. JESSIE L ESPENSHADE 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, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 6 Ctrn?' I03 7)0d ek 67&.:2 COMPLAINT 1. Plaintiff is a corporation having offices in 200 Renaissance Center, Detroit, MI 48265. 2. Defendant is an adult individual residing at 4610 Brian Road, Mechanicsburg, PA 17050. 3. On or about May 24, 2010, Defendant duly executed a Retail Installment Contract (hereinafter the "Contract") in favor of Sutliff Cadillac Hummer Saab, 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, Defendant took possession of the vehicle more particularly identified in the Contract as a Used 2006 Hummer H3. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from Sutliff Cadillac Hummer Saab to Plaintiff. 6. Plaintiff avers that Defendant is 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 $7,962.46 is due from Defendant as of October 03, 2012. 8. 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 against Defendant, Jessie L. Espenshade, individually, in the amount of $7,962.46 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. William T. Mol an, Esquire I.D. No.4743 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30035393 i RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN DoWer NuM« Caret t1un06r IM LtlPSPptAIADY And atldtees Ibwiw mnarly and zip Goa) Credtw (sow rafto IL FF CADILLAC BUM= SAAB 701 CASSEL ROAD LOT 98 6462 CARLISLE PIKE MANCKCSTER. PA 17345 0 MECRANICSBIRtS, PA 17050 IORK reu, M •rya iad 6ry«. earn mry wr w vNarle ad, labs 1« Mar «an a.dl. By olp" ddt mdna. ra+dvere b btly dm onendt under fa a64aMMa on tM tmm ant brY d bU OF" b pay us,. 2w Costa. the Nomad FtnanwM and FYrarce gwn6. aamralq to fie payaM aolwsw etrosat baleen. YNwllftae lM Fkwtw maaler OaHe. 30035393 Nw «Ur0 Yowl Atha and mom 11be4FtatiM NO. P' use for Wtadr Paalred Am Paean, been. «houaHwd 0 a6dapeal lump 006 93 1/22414 =111136X66269800 Cttabar 0 You" bar•ieb ar Yew maw Model ptogniul TWjfN4N4f MNa OISCLOSUltss InewaMe. You may buy fve pt1y11pN do" *M Ma ArN1Al pNANCS Aran ont Tast of payrnnanO TalN two prlr l We -ft Ilia me nwhw o r asoop (ace any" y bu e Aa b ow VW PENCWTAM CHARM rhumm ad lire anwanyou r* Mae mN d , not mq*w 0 bur any cow bw a to ? BATE The Class, The amount d M6 hen peld Mw per preJltle on Ow a u or not ate' 0n to Wy « not Mry char TM awl d Your amowe to Clot pavidw b you hwe mar r eredl. will not be, • beer In tlta endt ePpmrH kognowe Oval r e yearly early : awl w wN You a on you bow M-11 r edrduled. your dampgmNY 460000 pOd° r 7.04x 69 .05 . 619.175.35 6 22.674.40 b 1_22,874.40 xtle"Ywleaae the eve robed lteuralbe arrI , a bournmom is docked boom. polidn dalCtbe M bn"n and OanrA6NU. Yourhpawr e NustOw rr.b wm a Amatlf r. "M Poplins Orr Cloak alb bows" pa want ace Sir b.. d d Me Due Folbwe Op"we Crude kaurwww 60 6 381.24 MWANY 991 '8 7/09/2010 ?crooLw Oew)or otxauyw Two Lab "Was, as, pop 0 b nee nleadwd in Ae toWn f0 days, sew 6 is Ww you old Pay a tw 0 Gedt ObaMay NlN«OrM) wpa. II fur a" lea haw" dwrtawl nwbr ydade, fur 0" w be s,% of do pan d ft d ?b ? d ? ? M ? Twm moM Mwie m aewm lOdMe. nar iw br sly pYt r laeed onaMa bwffur Pramksn: Pr"tatert. II you pay on r your w« ealy. you .e not haveb pay s penalty. Creel L.H. It fatanly bbMeL You w 9hrke a e -1 10 b eb valba l"j , Iwed. Credit Db90iry f AddlMal Irdarwwlwn foe thve oarwad for ntb"e I doo Wan Mudnp Mametbn ran N/A MnppwM, debna, arly "eqW W npyrnrs Imbue' I id do spudded dole. cord roHly Iraamal Ifrawta COmpaly) VIA (Hone Olive Adds o ) tTS1O2AT10N OF'AN OteR FINANCED - / enh aria pdwa"ts my awebwba. wrom coal bawl its. 565.00 01 Cnwnoalt us rosined to b med abb ant in ow dw YAW Your aay e dwdWOW Han b 2 Toby dowaawrrt . a MOON 01MA *W AM eve tom ale wlmel law or not buy coal we ewnaw anal awl @et uleak 6 N/A -OaHI btNar f NIA W dbseely kwum e w not be a lrb in b 12eal osh S w/? . 16M f N/a . no Y6 ApPnaw lowest. Try w not be powrtl Meow rw Mr and slawtopy to eM rile. Crddt as dnaleaawbal i N/A f n.nn (2) `w`ake pop so o*mM pat at so «MW 3 Unpard rlanb Of Wh Poo (1 mid 2) it ry SAS M (f) aMM.d f you d . This barawww dap ardy the amaW pa -am 4 dye Paw all your paMrnb 409w, HYrtpwaasdY lb to etMnan your Wall (Seder may idles, ` an *to Creal dyMaLr bOYwKS pane h ksap put d fbw.Mures ed. - -4 parmwtb dtr wear w wrdt.N .hw A COO d spMOW areal erurrba paid b the' aurp you we 1 111 Tlde Instance dame net car mmp.gatbeaViq any baww b raw Payments In to raaMw d LXe i NIA U paytrwfa. Thepoldr«wrrba Kral knew lf f N/A A, N/A nwrnrd MbrraMa oanabY %rfrr frrN *0 • COW ayeuanw peal to the bwl/atbm aanl4/ly conomp 0-00 of a WON cussedly plods, can " pdDr %r (400" i N/A Ooveop Wale and cover brae and w"10iYannw C OWN bee pal to commmgM Dowd" f to nn Other O Owerrrrlmre base not I.:kdW w cash prim f 1 MO 4n E Gmur4mM-, SAWN w9W do br O S TpwdlmuraRS Tam F eavwmmm OerYllaale at re bur Prw,dum f N/A gr4mdnf S_M $M f 27.50 a Cow ememses (Said" must idanlyy Nlta b lid and dasabe d `pose.) (numm Canaatr) b ONPP %924/0074000 2,305.00 (Nome Came Ad&?) bRBTAILLTI bBDt./ONLINE FfiKf 136.45 imontronr"atcedwlualSo e. b SUTLIFF NUIRMAP PROTECTION{ N/A x b Is, f N/A 6aYAr souk" Ow % M f N/A x N/A b kw S ta BUYM flOneO ew M4 N/A N tit coda-bardlb S TOW 00,11 of ant wttatlw pea aOfyeb on yow lanwl _ f 3.590.35 N) 6 AmbaV entanraed n . 4) TI 9.17S . s,5 (n ANY NISURAW REPER TO q THIS d Fbrtoeaws t 3.699.OS al CONTRACT DOES NOT INCLUDE COVERAGE 7 Tail d rwnam • corm barrwe (f • 61 82.974 _ s0 m FOR PERSONAL Lt ISM AND PROPERTY DAMAGE CAUSED TO OTHERS. it yaw do nee new yaw earteaallbl tospo ant, real cop bur reur nwtlr wHwb. fur NOW Tlea CONTRW CAN K COMMO. TWO aarwrt aurae" the an" are~ l wmew you and us rds" b as aanbad. Any dwnpa to .areal nerd to No cal dwnpw en beepn6. "? ew ?swer awe x - .. "dab Mm eNaanp any of our Millis add cis cawed wawK b" tlraO. as N any pan rt not cold, b, cones party Way wn We may delay, or y. men may jeharte to emu lb, mddnp a«M paronrwMa dawn watatalt9 w Yma tor aekbq aeww You suetodn us to a0bb bftmkn Mae you, a the vddda you An buylnp, ban we auto moles -Wda deparbMN « dw mole wNew raphsafan awwdww eve look Her e1hel IaOertant a6reaMMw Do neat al6n tlwa wnaaa an • ew.rr. The Merl Percomsep Rap may be negodob/e Nth dw Seller. The Seller may assign this conlrsct and town Its right to rooalye a part of the f7 wmw Charge. Notice to Buyer. Do not sign this eontrect in blank. You are "tied to an exact copy of the contract you sign. Keep it to protect r I tkyar Dave 5/24/2010 Ckt u Wdms X Dew You a IONIC to terms of this contract You confirm that before you sigMad this contract, we gave It to yo 3, and y were f to take it and review it. You confirm that you recelved a Completely filled-Ingo • yoyil N net all it 010 5/ 2412010 Co ffigM 2 Dab Coiurwe • A eobupr is a peon dw is rarporablw W payb/ eve wan daOL An Ow owns is a pawn wawa, nuns, Is on do veto to the caw MN bpayfve ra TM atlw Saw ap"NwbiM wcwytnlwmHbfve vdide llwtbwbeYa aOnnbaal oewr caw Heys here x Due AddM e ins, rnn,n / aocarr sow Tae sew I? Z109 FR^ MISS (1) Over tamp in are Stab at PemryNanw) (1 of 4) Ned- 8.0 Can, Nee Copyrilld 2008 G", All Rpms nnarvsd. Sever ral6MMbwwbYie eerwrl we 06NAC OMxM IeaYanral A0 O Fea" CealCe"". mew fur cow d 8awra apnaawe(N des asabMa. Aedprrad Man rwaew A.darwd wanod nsaaw or wan knead rwouas SUTLIFF CADILLAC BUM= SA 0 1 , OraptAl EXHIBIT OTHER NNIORTANT AGREIAENTS 1.P UWCECNPAMAMMYMDM a Now w .0 opwo Rwnm bYwia TW Fbarme c4wp is imam m a d* baaa at M Annul Parmnape PEW m Ow urpaa part of NW Arrlawt 0%warwead. b. 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Wlam me 1ald MOW a wrI111m we"Wity, w same ma • aarvim omb.m aalm a days b00 Yes dW of tms eearmr, re saw malbe m awrmaM, amilm"s or, 1 Nd, on w vablit and mma -W be nb WOW wanr on d r etim fa a pwftww pwpom a Ilya Cal llUpM walla TmblwnaNO pm w m 00 wbbw arm IN 1m yallNla N w of mN OswmK hdrlaaNrl M so s11der Nam awnbW amY aaWry pravblaea N tlr mnbmet d eab. iprdW Tmnsim"m wine Pala aedpslleM do whNdw usedm 4 Wwremn om w LAN d larllNrlars M w aelwadNe pre aw whNele are11 par dd preaaaN norela Ls bdarwadl0 dd fmmrNrla do N varmama *0 min ebW bda aepmWWn m mNhmlla aaaedm amid e0mma da 7. APPLICANLE LAW Fadam lea w PersayUenw law apply b as oomlaa. NOTICE.- ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT S SWECT TO ALL CLAIMS AND DEFENSES WHNM THE DEBTOR COULD ASSERT 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. 30035393 T ALLY FINANCIAL INC., Plaintiff, VS. ESPENSHADE, JESSIE L, 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 KERRY FLIPPEN (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 Plaintiff's 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 $7962.46. 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. R KE Y F EN Portfolio Coordinator S( The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 5tvi _, 200 by KERRY FLIPPEN , who is (personally known to me or () produced as identification. r w Type/Print Name Here: NOTARY PUBLIC, State of Texas MY commission expires: is A049 ERIN NICOLE GILLESPIE WELTMAN, WEINBERG & REIS CO., L.P.A. J? Notar y ars Public, , State te of of Texas xas }My commission Expires ?n December 08, 2015 3 . t REDACTED OOHY Box 380901 Bloomington, MN 55438-0901 (800) 241-0172 JESSIE L ESPENSHADE 4610 BRIAN RD MECH!ANICSBURG, PA 17050 EXHIBIT I i® October 19, 2011 I? ilk How We Calculated Your Surplus or Deficiency Subject: Account Number?30770 Your 2006 HUMM HUMMER, VIN 5GTDN136X68269800, was sold on October 13, 2011. As of the date of this letter, the amount you still owe us under the terms of your contract is $7,962.46. This amount was calculated as follows: Unpaid balance before subtracting money from sale This amount was calculated as of October 19, 2011 Money from sale Unpaid balance minus money from sale Known expenses of taking, holding, preparing for sale, processing, and selling vehicle, attorney fees, and other legal expenses: Repossessing & transporting Storage & reconditioning Selling costs Title & registration fees Attorney fees and legal expenses the law permits Total expenses Known credits: Rebate of unearned insurance premiums Extended service contract refunds Insurance and service contract claims Total credits Deficiency/(surplus) $ 16,633.55 9,300.00 $ 7,333.55 $ 422.52 72.00 98.00 36.39 0.00 $ 0.00 0.00 0.00 + 628.91 0.00 $ 7,962.46 The amount of any deficiency/surplus shown above may change because of future additional credits, rebates, or charges. Any deficiency shown above may also change because of additional interest accruing after the date of this letter. For more information about this transaction or to make payment arrangements, you may call us at the telephone number at the top of this letter or write us at the address at the top of this letter. Sincerely, Ally Financial #379020-00111 REDACTED EXHIBIT 2 Depahment of Defense Manpower Data Center SlIAWS Report 40 Pumawfl to Siervicenienibers Civil Relief Act Last Name: ESPENSHADE First Name: JESSIE Middle Name: Active Duty Status As Of: Sep-20-2012 Results as of : Sep-20-2012 07:16:54 SCRA 2.3 EXHIBIT 3 On Active Duly On Active Duty Statue Date Active Start Date A*A M ft End Date Sims Service Componerrt NA NA No NA This response reflects ft Indlvkluals' ective diSy st trs based on the AcM Duty Status Date Lot Active Duty within 367 Days of Active Duty Stahp Date Active Start Data Active Duty End Date Status Swvw component NA NA No NA This response reflects where the individual left active duty Abrs 367 days preceding the Active Duty Status Date The Member or HW14w Unit Was NoWed of a Fukn GW Up lo Active Duty on AGM Duty Status Dale ordw NotlM1cadon Ste Oft order Nodflcat4on End Date Status Service Component NA NA No NA This response reflects whether the Indlvldual or hislh®r unit has received elufy rrotlacation 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. LAAJ 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 at 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 "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. 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). 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/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: K11A3U0F0S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~... '4 sheriff `'' ~NF ~Q ~~ F'1l'~' ,.~ ;~_ Jody S Smith ~ ~~~2 Chief Deputy QC~ 2~ p~ ~, 44 Richard W Stewart eU~QfN Solicitor PFpHS~`fl CO~N~Y Aty~q Ally Financial Cnc. Case Number vs. Jesse Espenshade 2012-6350 SHERIFF'S RETURN OF SERVICE 10/12/2012 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: Jessie L. Espenshade, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jessie Espenshade. Deputies were advised on June 6, 2012 Jessie L. Espenshade no longer resides at 4610 Brian Road, Mechanicsburg, Pennsylvania 17055. He is thought to be residing at 1542 Hilton Avenue.. Dover, Pennsylvania. SHERIFF COST: $33.00 October 12, 2012 SO ANSWERS, ~r f RONNY R ANDERSON. SHERIFF M � (71 C7 r M rn__._ r- �70 -rj r-��� cn� t C) 'e ir IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA r- CIVIL DIVISION ' ALLY FINANCIAL, INC. Plaintiff No: 12-6350 CIVIL VS . PRAECIPE FOR DEFAULT JUDGMENT JESSIE L ESPENSHADE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, 47437 WELTMAN, WEINBERG & REIS CO. , L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 30035393 C N Pit DKB Judgment Amount $7737 .46 Pp AITY e flol3(01 0I- p,4f a86qIV IN THE COURT OF C,"WON PLEAS CUP"MMA '? COUNTY, PENNSYLVANIA CIVIL DIV19TM ALLY FINANCIAL, INC. Plaintiff vs . Civil Action No. 12-6350 CIVIL JESSIE L ESPENSHADE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JESSIE L ESPENSHADE above named, in the default of an Answer, in the amount of $7737 .46 computed as follows : Amount claimed in Complaint $7962 .46 Less payments / adjustments made $225 . 00 Attorney' s fees $0 . 00 TOTAL $7737 .46 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: ""t� 4�1 Wil iam T. Mo czan, 437 30035393 C N Pit Plaintiff ' s address is: c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendant is JESSIE L ESPENSHADE 120 SOUTH 2ND ST. ##2 WORMLEYSBURG, PA 17043 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC. Plaintiff Case No. 12-6350 CIVIL vs. JESSIE L ESPENSHADE Defendant IMPORTANT NOTICE TO: JESSIE L ESPENSHADE l 120 SOUTH 2ND ST.#2 WORMLEYSBURG, PA 17043 Date of Notice: %6 I 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 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. Matthew Urban P.A.I.D.#90963 WELTMAN,WEINBERG& REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412)434-7955 (412) 338-7130 30035393 N PIT H4N III THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC. Plaintiff vs . Civil Action No. 12-6350 CIVIL NON-MILITARY AFFIDAVIT JESSIE L ESPENSHADE 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, JESSIE L ESPENSHADE is not in 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: JESSIE L ESPENSHADE 120 SOUTH 2ND ST. #2 WORMLEYSBURG, PA 17043 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. Section 4904 relating to unsworn falsification to authorities . AFFIANT _ w Results as of:Mar-21-2013 06:49:38 Department of Defense Manpower Data Center SCRA 3.0 Status P'ulmuaat to Servi+cememben Civil Relief Act Last Name: ESPENSHADE First Name: JESSIE Middle Name: Active Duty Status As Of: Mar-21-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active D#AyStatus Dale Lett Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where Nis individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No'.. NA This response reflects whether the individual or,his/her unit has received coy 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Owt A LA AJ e 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 at 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 "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. 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). 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/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate iD: G257R703M04CXE0 1 • IN THE COURT OF COMMON PLEAS: CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, T!!C': _. . Plaintiff vs . Civil Action No. 12-6350 CIVIL JESSIE L ESPENSHADE NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th following Order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $7737 .46 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 ( ) Arbitrati A d Prothonotary By: PROTHONOTARY OR DEPUTY JESSIE L ESPENSHADE 120 SOUTH 2ND ST. #2 WORMLEYSBURG, PA 17043 Plaintiff 's address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955