HomeMy WebLinkAbout14-2213 a`1
Supreme C r olt' ennsylvania
f
COUr Ofec m mo leas For Prothonotary Use Only:
C'vil ' oSer S eet
4
�w r Docket No:
CU 8; •RL�ND County ) V,) ) f 3 1
Y .
The information collected on this form is used solely for court administration Purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S Complaint CJ Writ of Summons Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
ALLY FINANCIAL INC. LARRY MILLER
T Dollar Amount Requested: xi within arbitration limits
I Are money damages requested? Xi Yes -1 No (check one) Floutside arbitration limits
'O
N. Is this a Class Action Suit? Yes El No Is this an MDJAppeal? D Yes D No
A Name of Plaintiff /Appellant's Attorney: WILLIAM T. MOLCZAN
Check here if you have no attorney (are a Self - Represented (Pia Sep :Litigant)
y^ Nature of the Case Place an "X" 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
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
El Intentional F1 Buyer Plaintiff Administrative Agencies
Q Malicious Prosecution El Debt Collection: Credit Card E] Board of Assessment
Motor Vehicle Xi Debt Collection: Other Board of Elections
Nuisance CONTRACT f =: Dept. of Transportation
Premises Liability U Statutory Appeal: Other
s C' Product Liability (does not include
mass tort) Employment Dispute:
E Discrimination
Slander/Libel/ Defamation
C Other: Employment Dispute: Other Zoning Board
T -� Other:
Q Other:
O MASS TORT
Q Asbestos
Tobacco
EJ Toxic Tort - DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste Ejectment Common Law /Statutory Arbitration
Q Other: Fil Eminent Domain /Condemnation Q Declaratory Judgment
B 0 Ground Rent Mandamus
0 Landlord/Tenant Dispute Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure; Commercial 0 Quo Warranto
Dental 0 Partition 0 Replevin
E] Legal r_J1 Quiet Title 0 Other:
0 Medical Other:
E] Other Professional:
Updated 11112011
fi-
i-t
WELTMAN, WEINBERG & REIS CO., L.P.A.
Attorney for Plaintiff(s)
BY: William T. Molczan, Esquire }~ 11
I.D. No.47437 U ar RLfl, dT
436 Seventh Avenue, Suite 1400 PEN S ' U'At A
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9143197
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ALLY FINANCIAL INC.
Plaintiff 0 1 ' U
( -
VS. Civil Action No.
LARRY MILLER
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
0
�+�
Y Lt S1 S
COMPLAINT
1. Plaintiff is a corporation having offices in 200 Renaissance Center, Detroit, MI 48265.
2. Defendant is an adult individual residing at 23 N. East Street, Carlisle, PA 17013.
3. On or about February 19, 2007, Defendant duly executed a Retail Installment Contract
(hereinafter the "Contract') in favor of Faulkner Harrisburg, 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, Defendant took possession of the vehicle more particularly
identified in the Contract as a New 2007 GMC Sierra.
5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned
from Faulkner Harrisburg, Inc. 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 $6,171.78 is due from Defendant as of April 04, 2014.
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, LARRY MILLER, individually, in
the amount of $6,171.78, and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
William T. Molczan quire
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 09143197
• a��P RETAIL INSTALMENT SALE CONTRACT
1
GMAC FLEXIBLE FINANCE PLAN ( ^�
_ "Dealer Number . Contract Number —91 _ /
Buyer (arid Co-Buyer)- a and address Include county and by code) Creditor (Seller name and address)
LARRY MILLER FAULKOER HARRISBURG, 10C.
4199 CARLISLE RD 2050 PAXTOD STREET
GA p;ERS PA 17324 HARRISBURG, PA 17105
You, the Buyer (and Co- Buyof, 11 any), may buy the vehicle descrrootl below for Cash or an credit By signing this Contrecl, you choose to buy the vehicle on credit
under the agreements on the front and back of this adnIMCI You agree to pay us, the Creditor, the Amount Financed and Finance Charge according to the
payment schedule shown below we will figure the Finance Charge on a dairy basis
Now or Used Year Make and Model Vahicla Identification No Prima Use for Which Purchased
AEV 2007 VC SIERRA 361EC14ZX76235412 ❑parsonal, family, ahousehold ❑agnculturm
❑ business ❑
I
Your Ifat101a Is a Year Make Model
FEDERAL TRUTH - INTENDING DISCLOSURES Insurencit. You may buy the physical damage
ANNUAL FINANCE Amount Total 01 Payments Total Sale Price nwrance the contract requires (see back) from
PERCENTAGE CHARGE Financed The amount VC The IOlal cast of is you choose who t acceptable to us You are
HATE The dollar The ammmt of well have paid aaer your purchase on not roginratl to buy any other i nsurance to Obtain
The cost d your amount ma credt Drovitled to you have mode a1 credit, ruUdinp ern Your daciruon a buy or not buy other
credit as ayeary credt well cost you a m your payments as your downpaymenl into will net be a factor m the creUtl approval
rate you behalf erJheOUletl of $ p,oeress
It any insurance is cheered below, petioles or
n % S n s �AS27 - 12 s ?4;27-12 S _ _ certificates from the named insurance companies well
Your Payment Schedule Wdl Be: describe he terms and conditions +r%/
Numbei Amount When Pa V_ Or ac Check the tneumnos you went and sign below:
of Pe melts d payments Are Due Follows Optional Credit Insurance.
S Mcnthly beginning ❑ Credit Life: ❑Buyer ❑ C.Buyer
Term d/A
Late Charge. 11 a payment Is not received an full whin W days after d is due, you will pay a late ❑Credn Disab (Buyer Only)
charge It One vehicle is a heavy commercial motor vehicle. the charge will be 4% of the part of the
payment that a late Olherwrse, the charge will be 2% per month of the pan of the payment that is Term - 11./A
late, figured based on a full calendar month for any pad of a month that is more than 10 days
Premium
Prepayment. It you Day off all your debt eery. you will not have to pay a penalty Credit Life S (J/A
Security Intender. You are giving a socunry interest In the vehicle being purchased Credit Disability S D /A
Addis 1 Inlormstlon: See Ins contra l for more information including Information about .I/4
nonpaymem, defaua, any required repayment m full before the schW d.d date, a security inters, ( Iwurance Company)
II 01dca Address Y
ITEMIZATION OF AMOUNT FINANCED '
h
1 Cash pnce Including any aaessones. seances. and lazes S n7gG nn (") are rot required insurance and enrich disability Insurance
�' lo Obtain crept Your election to
2 Total tlownpayment a pl negative enter'O' end see Ine 4H below) buy or not buy cradd life insurance and credit
Gross Inge -m 5 ugnn. nn -gavot by senor s 1 S79n.82 disability insurance will not be a factor in the credit
net iradrin S - 3990.82 + cash S 1000.00 approval process They will not be prom d d unless
you sign and agree to pay the extra cost Credit life
. other(desaibelRFBAIf S 5D0• S II /A( imurance pays the. Unpaid part of the amount
3 Unpaid balance of wish Ina, (1 minus 2) S 9h7gC tin (3) hnamod a you do The assurance pays Only the
amount you would owe dycu pant all your payments
4 Other charges including amounts paid to others on your behalf (Sete, may gin time Credit deatiday m e pays the
kaep part of these amount 1 scheduled payments due under Its contact while
A CO$T d optional tied" insurance pad to the insurance you are disabled This assurance does not Cover
company or companies arty increase In your payment or in the number of
Ufa S rl /A payments Tike policies or cendoatec Issued by the
i ty named insurance companies may turner limit the
D S (1/A S D /A coverage that credt life or credit disability Insurance _
a Other ncurance pad to tho ina namm company ° ' ' ' - .. provides See the • pobdiris - bi CenhCaas fbf
(describe) S U/A coverage limns and other terms and conditions
C Onia91 lies paid to government agoncres S U /A ,,
D Government taxes not included In Cash price S 7
944 nA Other Insurance
IJ /A G/A
E Government license andor regelmhon lees O
\ S 114.10 Type of Insurance Tenn
F Governmentcembcate of title feet Premium S O /A
(includes S cecunnynoreslrecordingtoo) f D/A
O Omer charges ( 1 usl denbly who pad and .v' (Insurance Company)
Oascnbe purpose) U /A
t for cc S 5S nn t (Home Office Address)
NEi}GA --iK(R fa D06t�C y I r n
; M I want the insurance checked stove
t t ZRP P"no" j! GAP III 5 500 00 X
-- �J-/ -A Buyer Signature Data
far 1/A S [Jj})
x
a,
to, I A S ern C.BUyar Signature Data
H Net bade - n pa yed to ON $ 7490.82
Total Ctherdh.rg,. aW.mounts paid to omens on your behalf s 3731.12(
5 Amount financed B -4) S 9AS77 19(5) ANY INSURANCE REFERRED TO IN THIS
6 Flrancecnarae $ ne) CONTRACT GOES NOT INCLUDE COVERAGE
, Total of pavm ..time per. .00.61 _S 29597 12( FOR PERSONAL LIABILITY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
11 you do not meet your cons —tual obligations, you may lose your motor vehicle.
HOW THIS CONTRACJJ CAN BE CHANGED. The contract contains the entire agreement between you and us relating to this contract Any change to the
contact mutt d1aG
n rhd arh0 w9,dSGst � nJ?!a Chat changes are binding
Buyer Signs X,0 J /f Cg Euyer Signs X
If any pan of ties contract Is her valid, all other pans stay valid We may delay or refrain from enforcing any of our right under this Contract without lasing them
For esanhple. we may extend the time for making some payments without edending the brla far making others
You "0'" a us W obtain Information about you. Or the vehiclo you are buying. from the state motor vehicle departhi or other motor vehole registration
See back for other Important agreements.
Do not sign this convect on a Sunday.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right
to receive a part of the Finance Charge.
Notice to Buyer.
Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep
It to protept ypur lega�htSt.
840, Signs �� f�' 4& U3ill' /19/07 Co -Buyer signs , Date
You agree to the terms of this contract. You confirm that before you signed this contract, we gave It
to you, and you were free to take it and review it. You confirm that you received a completely
filled -in cop ,when ou ,I eel it.
Buyer Sipro xy; -7 M! nary / 19 / 07 Co -Buyer Signs Data D/A
C"uyere and Other Owner. - A co-buysr is a person who is rOsponsiblo for paying me entire debt -An other owner rs a person whose name t On the title to
the vehicle but does not have to pay the debt The other owner agrees to the security Interest m me vehicle given m us In Its Contract
Other owner signs her. X _ O m i t 19107 Address
9143197 �reeim si D a X rr fi:! r Tide. �' EXHIBIT
AG Sdtr ae eigm tp interest In his conbacl to C1 GMAC ❑ Nuvell Nebmal Auto Finance ❑ GMACAB ❑ Nwel Credit Company, J �
unde r the terms of Seller's agmensuris) with assignee
_ Assgred with recourse Assigned wimout recou ar was Dunned aeouri c
`'` �'�`� FA ULKOER HARRYSBL'R�, i^y�` '��"
Seller By Title Seller 8 Title
2108 FR -PA 1012006 (For Use in the State of Penesylvnnie) 11 of 4) Nabce: See Other Side QUADRUPLICATE ORIGINAL • GMAC FILE COPY
Copyright 2006 GMAC All Flight Resolved
LW171
OTHER IMPORTANT AGREEMENTS
t. FINANCE CHARGE AND PAYMENTS a You may have to pay collection casts. II you def alit and wis have to
a How we will figure Finance Charge. The Finance Charge Is figved go ta court to m
recover as vehide, yw will pay the reasonable Wosya
w a daily basis at over Annual Percentage Rate on the unpaid pan of lees and Court Costs, as the law permits You will also pay any
the Amount Financed attornoy'c fees and court coats a court awards us
It. How we will apply payments. We wi0 apply tech payment first to the
earned and unpaid part of tra Finenoe Charge. and than to the unpaid d. We may 1.. the vehicle from you. II you default. We may take
part of the Amount Financed. minoseeael the vahKls from you if we do w peacefully and the taw
H shows n If your vehicle has an atechome tracking device, you agree
a How, bra payments or early payments change what you must pay. C we may use the device b find the vehicle If we lake the vehicle,
We based that Finance Charge. Total of Payments, eat Total Sale any necessaries. equipment, and replacement parts roll stay in the
Pace shown on the front on the assumption that you will make every while If any personal Items ere in the vehicle. we may store them for
payment on that day d e due Your Finance Charge. Total of Payments, you at your ospenee If you do not ask for these items bade we may
and Total Sale Pace win be mom d you pay late and less if you os
pay dispo at them as tat low allows
004 Changes may take the loan of a larger fir water final payment
or, at our option, more or fewer Payments d the same amount as your .. How you can get the vehicle back If we take It. 11 we repo: sass me
sdeduled payment with a smeller final payment We wd Send you a vehicle, you may get it beck by paying the unpaid pen of the Amount
notao toling you about those changes before the final scheduled Financed plus the earned and unpaid pan of the Finance Charge, any
payment ls duo late charges, and any other amounts due because you defaulted
(redeem) Your night to redeem ends when we sell the vehicle We will
tell you how much to pay to redeem
2. YOUR OTHER PROMISES TO US
II we repossess Inc vehieb, Coo may, at our colon, allow' You to gel afro
a If the vehicle le damaged, destroyed, err missing. You agree to pay vatndc Dark before we sell It by paying all past due payments and late
us aft you owe under this contact even it the vehicle to damaged, cnah in (reinstate) We will tell you d you may reinstate and law much
destroyed, or missing to pay if you may
IL Uaing the vehicle. You agree net to remove the vehicle from the U S. If you were in default for more than 15 days when we took the vemde,
or Canada, on to Sea, rent, lease, or hernfer arty interest in me vehicle the amohmt y ou must pay to redeem oh reinstate Cod also include the
a the contract w,t hohd nil written permissmn You agree rat to a -e expenses d lakmg the vehicle, holthng n, and preparing d for sale
,,a vehicle b mouse, ...a. confiscation. .,,.voluntary transfer. If
we pay any repair bills, storage bills, taxes, fines, or charges on the L We will set the vehicle it you do not gat It back. fi you do not
vehicle, you agree to repay the amount when we ask for it redeem, we will sell the vehicle We will send you a written notice of
a Sentrlly interest. You give Us a securely interest n sob before sitting the vehido
I The vehicle and e0 parts m goods installed n d. We wit apply the money Irom the sale, mss snowed expenses, to firo
2 All money or goods rocemod (preccods) lot the vehicle: amount you owe Allowed exposes are expenses we pay as a direct
3 All "seance, maintena ice. ServlCo, or other conttaCIS Wa fetanoe result of taking the vehida. holdng d, praparmg n In sale, and se0mg d,
for you; and as the law allows Reasonable attorney rase and court Costs the law
a All proceeds from msuranne, maintenance, semce, or other permits are also allowed expenses If any money his left (surplus). wa
oontracte we linarin for you TMs includes any refunds of will pay It to you If money Item the Sete m not enough to pay the
premiums or charges ham the contracts amount you Cove, you must pay the rest to us. If you do not pay Us$
This seoure; payment of all you owe on the contract h able secures amount when we ask, wo may Charge you interest at the highest lawful
your other agreements In this contract You will make sure the ble ram uMil you pay
shows our seamy interest pion) in Me vehicle
d Insurance oil meal have on the wMete. You a nee fo have Q. What we may do about optional Insurance, maintenance, service,
Y 9 physieal or other contracts. This Contract may Cann charges for optional
damage insurance covering less or damage to the vehicle for the term insurance, maintenance, Urines, or other —users. It wo repossess
of this Contract The insurance must cover our internal in the vehicle If the vehicle we may claim banohts under than contracts and cancel
you do not have five insurance, we may, if we decide, buy physical them to obtain refunds of unwed charges to reduce what you owe or
damage assurance If we decade to buy physical damage uoaance, we repair out vehicle If the vonrob is a total loss because it is Confiscated,
may buy aaumnoe that covers your interest and oun interest in the damaged, or stolen, we may claim bronafils under these contracts and
vehrlo II we buy Gus insurance, we Coal tell you the Charge you must cancel them to obtain refunds of uneamed charges c reduce what you
pay The dtarge will be the pmmam let the insurance and a finance oue
charge at the highest rate the law permits
it the vehrde Is lost or damaged, you agree that we may use any h Summary notice regarding prepayment and reinstatement. You
assurance settlement to reduce whet you owe or repay tic vehicle may prepay all or pan of the amount you owe under this contract at any
tine wean penalty 11 you do so. you tidy lava to pay the earned and
t. What happons to returned Insurance, maintenance. service, or unpaid patr she Fnanca Charge and all other amounts due up a Me
other cornraet Charges. II we got a refund d Insurance, maintenance, data of yet payment If you delahlt and we repossess der vehicle, we
Service, or omar Contract Changes• you agree that we may subtract the may. al ouopbon, allow you to gel the vehicle back before we cell n try
rotund from what you owe. paying at Past Out payments. late charges, and expenses
3. YOU MAY PREPAY S. WARRANTIES SELLER DISCLAIMS
You may prepay all or part of the unpaid part of the Amount Financed at The lolbwrng paragraph does not afloat any warranties covering the
any kme without penalty it you do so, you must pay the earned and wticle mat the vehicle manufacturer may provide The following
unpaid part of the Finance Charge and all cri amounts due up to the paragraph also does not apply el as it you bought the vehicle primarily let
data M your payment. personal, family, or household use
4. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES Unless the Seller makes a mitten warranty, or enter. Into a service
contract within 90 tiny* from the data of this contract, the Seller
a. You may sae late charges. You will pay a late charge on each late makes no warnnge*, express a Implied, on the vehicle, .rid there
payment as ft" an wa
the front Acceptance of a late payment on late Coll be no Implied warranties if menchantsbility or of fares. for e
charge does not excuse your Late payment or mean that you may keep particular purpose.
mating late payments If you pay late, we may also take the steps
described bob..
S. Used Car Buyers Guide. The Information you see on the window form
b. You may heva to pay all you owe at on.. It you break Your far this vehicle is part of this contract. Information on the window
promises (defaull). we may demand that you pay an you owe on bus form overrides any contrary prorlslom In the cataract of sale
—1-1 or once. Delauh means:
1. You do nor pay any payment on time, Spanish Trennladan:
2 You start a proceeding in bankruptcy or one is started against you Orris pairs comprodures de vehtcuhos usadce. Lo lydwmaelen qua w
a your Popery, or en at formularfo do b ventsnlll. pan sets vehicule forma pane doll
3 You break anyagreaments m the eomrael presents eontrata La fnfwmacien del formutsno do la ventanllla de)a
The amount you will on will be the unpard pan of the Amount Nn efecto tad& disposnclen en eontratlo contenlds on at conhato de
n
Fined pia arn
the owed end imperd pan of the Finance Change, any vent
late charges. and oily amounts due because you defaulted
7. APPLICABLE LAW
Federal law and Pennsylvania law apply to Use Contract
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
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 SY THE DEBTOR HEREUNDER.
031
f
ALLY FINANCIAL INC.
Plaintiff,
VS.
MILLER, LARRY
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 Plaintiffs 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 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 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. 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 $6,171.78. 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.
l
Affiant's me
KERAY FLI EN
Title Portfolio Coordinator
The foregoing instrument was sworn to (or affirmed) and subscribed before me this
1 � day of M , 2014, by KERRY FLIPPEN (Affiant) who t%A is
personally known to me or ( ) produced as
identification.
Type /Print Name Here: lb r exdA V VI 1 11.Q,•! sell
NOTARY PUBLIC, State of Texas
My commission expires: D t 0l 1 z,0 7
BRENDA LEE WELKERS N
Notary Public, State of Texas
My Commission Expires
January 04, 2017
ally
P.O. Box 380901 REDACTED EXHIBIT 1
Bloomington, MN 55438 -0901
(800) 241 -0172
September 22, 2010
LARRY MILLER
1019 EDISON AVE
SUNBURY, PA 17801
How We Calculated Your Surplus or Deficie
Subject: Account Number X9419
Your 2007 GMC SIERRA, VIN 3GTEC14ZX7G235412, was sold on September 16, 2010. As of the
date of this letter, the amount you still owe us under the terms of your contract is $6,171.78. This
amount was calculated as follows:
Unpaid balance before subtracting money from sale $ 10,798.03
This amount was calculated as of September 22, 2010
Money from sale - 5,200.00
Unpaid balance minus money from sale $ 5,598.03
Known expenses of taking, holding, preparing for sale,
processing, and selling vehicle, attorney fees, and other
legal expenses:
Repossessing & transporting $ 500.00
Storage & reconditioning 82.36
Selling costs 105.00
Title & registration fees 36.39
Attorney fees and legal expenses the law permits 0.00
Total expenses + 723.75
Known credits:
Rebate of unearned insurance premiums $ 150.00
Extended service contract refunds 0.00
Insurance and service contract claims 0.00
Total credits - 150.00
Deficiency /(surplus) $ 6,171.78
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
221816- 000012
ally EXHIBIT 1
P.O. Box 380901
Bloomington, NIN 55438 -0901 91 7192 3172 0010 0075 3932
LARRY MILLER
1019 EDISON AVE
SUNBURY, PA 17801
IIIIIIIIIIIIIIIIIIIIIIIiil
See enclosed document (s) for information about your account.
#221816 - 000012 -RP
Routerllciounts
Inst. !Lan(] Diary ? ?? Choices AdminTask In Leper .1 , eridgelink C= Exception eeo Name
^ � Acct . 419 -020 Dc DcbtType Retail._ ( S C eoal � �
J i Afly,Agenta � � AM: D�
OJS U., {,324, 78I C/t7 Dt 9/2]/2(J10_ E
k �`.7 Names t it cif Miranda: � LARRY 1vIA1.ER. ''�
- -T ScdPay Dt
X 0 10000__.: 617 1781
f,) third Parties � --
Scd PaY 0.00 Sad Pay Arrears: N 5
UJ
C' ( -_ --. + . J'
Batar�s
{ J Transactions Mirand Bureau farpto J
petstors: 1
H� I 1�° .. 1 x Assets E NN Li *ed English_ j
_� CPA
... .. � ^ Reason Q l N 0�1� AYl9E7 VT i1VST
�J Trsta6nartPlares ( 0� 7 PA 1�7GMC.SI
f� AamuntLrds s - . -- — - - - - - -- - - - -._._— m
List View
J Diary Posting Value Posting 'ransacti pd
Date Date or Co :l Code Description Amount
Pos
i
10/311201 10/25/2013 Z MED Memo -Debit j 75.00
a ` -
11120/201 11/14/2013 1 ZDJ I Mm Memo - Debit ^ 68. 50
E 12/311201 12/16/2013 ZDJ MED ....... Memo - Debit 9.50 __...- ..___ .................
f
REDACTED EXHIBIT 2
SCRA 3.0
Sets Repait
y Pursuant to Servicememben Civil Relies' Act
EXHIBIT 3
Last Name: MILLER
First Name: LARRY
Middle Name:
Active Duty Status As Of: Mar -28 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA' No NA
This res onse reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Dale
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 earl ; notification to report for active du
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, NOAH, 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.
AmId4
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
„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 (NOAH 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: H8Q5P68780EC560
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
omcE
OF THE: PROTHONOTARY
"!r
H t J Li 1# 3: 1
CUMBERLAND COUNTY
PENNSYLVANIA
Ally Financial Inc.
vs.
Larry Miller
Case Number
2014-2213
SHERIFF'S RETURN OF SERVICE
05/12/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Larry Miller, but was unable to locate the Defendant in his bailiwick.
The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 23 N. East
Street, Carilsle Borough, Carlisle, PA 17013. Eight attempts at service were made but deputies were
unable to make contact with any one at the residence to make service and at this time the Complaint has
expired.
SHERIFF COST: $28.49 SO ANSWERS,
May 12, 2014
(c) CountySuite Sheriff, Teleosoft, Inc.
RONR ANDERSON, SHERIFF
fi ,LLD -Ur' r iut
THE PROTHONOTfaii
2014AUG 25 P11 1: 15
CUMBERLAND COUNTY
WELTMAN, WEINBERG & REIS COI;BINAYINANIA
BY: William T. Molczan Attorney for Plaintiff(s)
I.D. No. 47437
436 7th Ave Ste 2500
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 9143197 WTM/ABR
ALLY FINANCIAL INC.
vs.
LARRY MILLER
Cumberland County
Court of Common Pleas
No.: 14-2213 CIVIL
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
William T. Molczan, Esire
Attorney for Plaintiff
1111111111111111111111111111111111111111111111111111111111111111111111