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HomeMy WebLinkAbout13-4460 300 4 69 �® Supreme Co ii nnsylvania Con, "m IIIo leas For Prothonotary Use Only: ''� et Docket No: v _ CU R s J County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: F1 Complaint © Writ of Summons D Petition S D Transfer from Another Jurisdiction Declaration of Taking ,E C . Lead Plaintiff s Name: Lead Defendant's Name: T NUVELL NATIONAL AUTO FINANCE LLC JOHN D REESE � Dollar Amount Requested: xi within arbitration limits I Are money damages requested? Yes No (check one) Doutside arbitration limits O N Is this a Class Action Suit? 3 Yes ER No Is this an MDJAppeal? 0 Yes El No f A Name of Plaintiff /Appellant's Attorney: } Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an to the left of the ONE case category that most accurately describes your { PRIMARY CASE. If you are making more than one type of claim, check the one that y. you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional D Buyer Plaintiff Administrative Agencies D Malicious Prosecution D Debt Collection: Credit Card D Board of Assessment E 3 Motor Vehicle F1 Debt Collection: Other D Board of Elections 0 Nuisance CONTRACT ._3 Dept. of Transportation S D Premises Liability D Statutory Appeal: Other ©i Product Liability (does not include mass tort) E E3 Employment Dispute: M Slander/Libel/ Defamation Discrimination C 0 Other: D Employment Dispute: Other ® Zoning Board T D Other: ' 1 Other: 1 MASS TORT D Asbestos N D Tobacco Toxic Tort -DES D Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste D Ejectment 0 Common Law /Statutory Arbitration B D Other: 0 Eminent Domain /Condemnation €. Declaratory Judgment D Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [I Mortgage Foreclosure: Commercial D Quo Warranto ] Dental Partition D Replevin D Legal D Quiet Title :' Other: 0 Medical D Other: Other Professional: i Updated 1/1/2011 WELTMAN, WEINBERG & REIS CO., L.P.A. Attorney for Plaintiff(s) 2313 JUL 2 Phi '33; .� n BY: William T. Molczan, Esquire I.D. No.47437 CUMBIERL�;ND COUNTY 436 Seventh Avenue, Suite 1400 P E h N S Y LMR I A Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30046980 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NUVELL NATIONAL AUTO FINANCE LLC Plaintiff VS. Civil Action No. JOHN D REESE 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 (:? *qm 9.3� 7G 2 93-'.2 COMPLAINT 1. Plaintiff is a corporation having offices in 200 Renaissance Center, Detroit, MI 48265. 2. Defendant is an adult individual residing at 927 Nixon Drive, Mechanicsburg, PA 17055. 3. On or about December 10, 2007, Defendant duly executed a Retail Installment Contract (hereinafter the "Contract ") in favor of Port Lavaca Ford, 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 New 2007 Ford Mustang. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from Port Lavaca Ford 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 $8,745.42 is due from Defendant as of July 23, 2013. 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, John D. Reese, individually, in the amount of $8,745.42 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. Molcza squire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File #30046980 W ' O O O co 00 OAH oil I O j zcm mm 9 I TH 7 $3a '�T X. D AA j 8 r QS7G ! a d s t� ¢ i��iy g Ag s $� �1t a fQ aa = 3 Y g�• 3 g $ I�j n �' E l Hli >y4 a A.j �� �. 0 C301 A�8 t d "s e O j 4 s tal s � •� 110 40 o a r HE s a : o : : :$a r I�{ i sa as .r s s nw as 4g $` `n a � g u[�B� � �•� a l�� �g$ � ���'� E� � $$$� $ �� � � � � � �$ � �4s �$ �8 �� $ gs gQ�E $ t Y 34 a L is.€ w 6 FB 8® s �a 5 ag : a • p B� g ad# a a g � € . � g a p �+a€ ' $ i P`. 6 �e 8 s a E F:c °Ca n 'T a W l H $ Gt B aB all � $ ag a £ Rj$ a 1 g= 6 P $ B L �$ E ! S $& z E� B2r $asa to w$ a n y$ ° a s w a €$ P g �e� w l c $Y gB aa°• Y a $ � r 4 a '�B E ' 1 7t E SY $g o s E •• ¢ Y�° P �l� $E a $ a fig a3$�< �pS p p Eb 8 B F• n � 1 Egg Iir I t Ent 9,P 11 i t ills ag A na $� �B $ �� g'$�y$,� n g � ao $p��' 1 y n # � g 6a n S YcTi y E $ysffi $ &4 a aaD Y a g Q 7 g D R B $ Nf 0 e E ,3.�� $, �� �' �w ��� P6.�� s �8 � � � ��. � 5 � ages 3 ���PP� aR W� $��� !t ���� ^ $ � ` � � 3 ft � g SY-6 p g u � � °� � �� � LE ��a 5 a $ iP' �`� g � $ �� G �g s �•$ � � $�� � y � & g � j�° 4 ���1 a � � g E @ n a a �S P yw L �s a g S s a D V. a ¢g y qf. I ng �4 �a � y } PtFaE a $�� g $5 2$IR13 P $$ ! B �� t�,� a a ��" 1, �° D z 5D $ aF g s $E� E a`� @5a� i5 m� � • n a y $ a € s Tsct # &a .��fr� 9$a @ E cSE�' T A . � -a' �Bi$r a H 1 15 1 11112 1, 11 $$$ tl0.$a 1 1. s it i �€ �Ag3 } � �a ° ge. ��aE � � n a s � �s .& g _ «« . � § � }� 5 x11111 !, g ` ¢ c � Fi a 6 ' r J r .f i .. « r e r �t i .. �P'1C �m ° i$kbbl 11IN 1 41 , 1 1 1 ES i6 ' H i l l CD co 0) cc l e 40 ' M NUVELL NATIONAL AUTO FINANCE LLC Plaintiff, VS. REESE, JOHN D 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 FLIP PEN (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 business records related to the Account. Affiant, as a custodian of the attached business records for the Plaintiff, makes this affidavit based on his /her personal knowledge of the manner and method by which the Plaintiff creates and maintains the attached business records. 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. Attached as Exhibit 2 is a true and correct copy of certain business records of the Plaintiff which reflect that as of the date of this affidavit, the outstanding balance justly owed to Plaintiff by Defendant(s), exclusive of all set- offs and just grounds of defense, is $8,745.42. The outstanding balance justly owed includes any and all payments, credits, rebates, adjustments and charges posted to the Account after the date of Exhibit 1 . The outstanding balance justly owed equals the amount in the "O /S Bal" field less any court costs, service of process fees or other, legal costs incurred by Plaintiff in the instant action but not yet awarded by the Court. If any such legal costs exist, each cost will be described as a "Memo- Debit" entry with a "Posting Category Code" of "ZDJ" on the attached Exhibit 2 . 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 true and correct copy(ies) of the DMDC certificate(s). Based upon the foregoing, Affiant states that Defendant(s) is /are not in military service. FURTHER AFFIANT SAYETH NOT. A f?to,; Affiant's ame KERRY FL EN Title Portfolio Coor lna or The foregoing instrument was sworn to (or affirmed) and subscribed before me this _ day of -1 t) L �, 2013, by KERRY FLIPPEN ( Affiant) who�V personally known to me or ( ) produced as identification. Type /Print Name Here: Brenda Wilker NOTARY PUBLIC, State of Texas My commission expires: J01 0 9 12-0 f 7 BRENDA LEE WILKERSON 3r Notary Public, State of Texas My Commission Expires '•.;,��� January 09, 2017 P.O. Box 380901 National Auto Finance Company Bloomington, MN 55438 -0901 (800) 241 -0172 December 30, 2011 RE ED 927 D REESE EXHIBIT � - 927 NIXON DR MECHANICSBURG, PA 17055 O IIIIIIIIIIIIIIIIIIIIIIIIII How We Calculated Your Surplus or Deficie Subject: Account Number � -97836 Your 2007 FORD MUSTANG, VIN 1ZVFT80N275361770, was sold on December 21, 2011. We have also exercised our right to require payment of the full amount owed (the accelerated balance, not just the past due payments). As of the date of this letter, the amount you still owe us under the terms of your contract is $9,478.73. This amount was calculated as follows: Unpaid (accelerated) balance before subtracting money from sale $ 18,984.07 This amount was calculated as of December 30, 2011 Money from sale - 10,100.00 Unpaid balance minus money from sale $ 8,884.07 Known expenses of taking, holding, preparing for sale, processing, and selling vehicle, attorney fees, and other legal expenses: Repossessing & transporting $ 472.52 Storage & reconditioning 0.00 Selling costs 75.75 Title & registration fees 46.39 Attorney fees and legal expenses the law permits 0.00 Total expenses + 594.66 Known credits: Rebate of unearned insurance premiums $ 0.00 Extended service contract refunds 0.00 Insurance and service contract claims 0.00 Total credits - 0.00 Deficiency /(surplus) $ 9,478.73 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. Signed, National Auto Finance Company #408624 -00008 O File Forms Navigate 1Jpdate Windove about ' R o uterAccounts ®Inst. Plan Diary ? ?? Choices AdminTask Letter .1 Bridgelink = Exception 6a Name Acct 97836_ -515, Debt Type.' Retail } Status Legal }� AgyfAgent: ^ _ _ ^ AM Account - , - — t: _1Z,�2 Miranda 9I2 J Na Ham: -- X_ _ j O i t: � 8745 �2 COD f N_ JOHN D REESE - Scd Pay Dt, 0.. 0 /0 S d _ 99.78 73 _ Third .Parties Scd Pay: - 00 j Pay Arrears N Names G - � _ _ _ Balances ons Miranda { _i - } ^ _ C` Y,: Bureau: Employed: PJ, . Debtors: 1 1�� H" t�i� --: _ _ Assets: trnkecl: Language: English 7InstallmentPlans f 07 T7 . Y.__JI N07FORDMUST�NG_ Reason JJi,___� NON- PAYMEtITINSTALLME Account Links Achwt Bridget-ink Request � -- -- -- - - - - -- -- -- Diary s i i s No Data to Displays { Ready - - - � _.___. NUTA REDACTE EXHIBIT 2 Results as of: Jul-09-2013 08:07:17 Department of Defense Manpower Data Center SCRA 3.0 Statz Reps n't Pursuant to SeMcemembem evil Relief Act EX 3 Last Name: REESEE First Name: JOHN Middle Name: Active Duty Status As Of: Jul -09 -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 Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Dale Active Duty End Date Status Service Component NA NA 1A 1 - No i NA This response reflects where the 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 early notification to report for active duty J , r y 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. )t 140, 7�►r Mary M. Snavely - Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense, Manpowbr 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 "defenselink.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 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: M3S227ABR046840 SHERIFF'S OFFICE OF`CUMBERLAND COUNTY-aX . 0. Ronny R Anderson Sheriff V�o1, �t cta�t tr �y, Jody S Smith , C) Chief Deputy Richard W Stewart Solicitor Wi 6 OF THE MRIFP Nuvell National Auto Finance LLC Case Number vs. 2013-4460 John Reese SHERIFF'S RETURN OF SERVICE 08/0512013 04:41 PM-Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Janet Reese, mother,who accepted as"Adult Person in Charge"for John Reese at 927 Nixon Drive, Monroe Township, Mechanicsburg, PA 17055. F K LODZI, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, August 06, 2013 RbNO R ANDERSON, SHERIFF {c}CountySuite Sheriff,Tel=_osoft,!nc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION NUVELL NATIONAL AUTO c FINANCE LLC Plaintiff ' Ch r 'L r vs. Civil Action No. 13-4460 ��D� sz- c r- —(cam -+t JOHN D REESE - i C) Defendant , ?�r7 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant,John D Reese above named, in the default of an Answer, in the amount of$8,745.42 computed as follows: Amount claimed in Complaint $8,745.42 Less Payments/Adjustments Made -$0.00 Attorneys'fees $0.00 TOTAL $8,745.42 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN,WEINBERG&REIS CO.,L.P.A. /. By: / , William T.Molczan,Esquir; PA 1.D.#47437 Weltman,Weinberg&Reis Co., L.P.A. 1400 Koppers Bldg. �y2� 436 Seventh Avenue 4/4.573p/ Pittsburgh,PA 15219 (412)434-7955 C#//333 313 WWR#30046980 4;eV Plaintiff's address is: c/o Weltman,Weinberg&Reis Co., L.P.A., 1400 Koppers Building,436 7th Avenue,Pittsburgh,PA 15219 And that the last known address of the Defendant is: 927 NIXON DR,MECHANICSBURG,PA 17055 A/o1 cz A/1 ead IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NUVELL NATIONAL AUTO FINANCE LLC Plaintiff CASE#: 13-4460 JOHN D REESE Defendant IMPORTANT NOTICE TO: John D Reese 927 Nixon Dr Mechanicsburg,Pa 17055 Date of Notice: 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 TFIE 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: VAT William T. Molczan, quire P,A.I.D.#47437 436 Seventh Avenue, 1400 Koppers Building Pittsburgh,PA 15219 Phone: (412)434-7955 WWR#30046980 IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NUVELL CREDIT COMPANY LLC Plaintiff Civil Action No. 13-4460 vs. NON-MILITARY AFFIDAVIT JOHN D REESE Defendant 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, John D Reese 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: JOHN D REESE 927 NIXON DR MECHANICSBURG,PA 17055 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. Affiant / Department of Defense Manpower Data Center Results as of:Oct-11-2013 08:18:21 SCRA 3.0 ,e 1 a Status Report Pmt to Servicernembers Civil Relief Act Last Name: REESE First Name: JOHN Middle Name: D Active Duty Status As Of: Oct-11-2013 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 Duty Status Date Left 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 when the 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 eady 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. YA. tf 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 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.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). 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: 4528P860K0B1AA0 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ` K ' ` NUVEL C _ ti Plainti � No: 13-4460 vs . PRAECIPE FOR DEFAULT JUDGMENT JOHN D REESE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, 47437 WELTMAN, WEINBERG & REIS CO. , L. P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 30046980 C N Pit DKB Judgment Amount $8745 . 42 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION NUVELL NATIONAL AUTO FINANCE LLC Plaintiff vs. Civil Action No. 13-4460 JOHN D REESE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx)Defendant ( )Garnishee You are hereby notified that the following Order or Jud merit was entered against you on (xx) Assumpsit Judgment in the amount of$8,745.42 plus costs. ( ) Trespass Judgment in the amount of$ plus costs. ( ) If not satisfied within sixty(60)days,your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation,Bureau of Traffic Safety,Harrisburg,PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHO TA 1 ~di ' '�7 JOHN D REESE 927 NIXON DR MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7th Avenue,Pittsburgh,PA 15219 1-888-434-0085