Motion for Default Judgment Filed - Motion for Default Judgment May 01, 2020 (2024)

 
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 Filed: 5/1/2020 10:35 AM Clerk Allen County, Indiana RJSTATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT )SS:COUNTY OF ALLEN ) CAUSE NO. 02D02-1910-CC—002914HERITAGE ACCEPTANCE CORPORATION ) Plaintiff ) ) vs. ) )MICHAEL A BANKS JR ) Defendant ) MOTION FOR DEFAULT JUDGMENT Comes now the Plaintiff, Heritage Acceptance Corporation (“Plaintiff’), by counsel, andmoves this Court for a Default Judgment against the Defendant, MICHAEL A BANKS JR(“Defendant”), and in support, states: 1. The Defendant was served with the Summons and Complaint on 11-12~2019 bySHERIFF. 2. No pleading has been delivered t0 Plaintiff 0r Plaintiff s counsel by Defendant norany appearance entered or proposed to be entered on behalf of Defendant. 3. In the Complaint, Plaintiff is seeking judgment in the amount of $9,540.69 plus costs,fees, and post—judgment interest. 4. An Affidavit 0f Debt was attached to the Complaint as “Exhibit A” and established adefault under the Note and the amounts due and owing. 5. Plaintiff files Affidavit Concerning Military Service, attached hereto as “Exhibit A”. 6. Plaintiff files a true and accurate copy of the Retail Installment Contract and SecurityAgreement, attached hereto as “Exhibit B”. 7. Plaintiff files its Affidavit of Debt, attached hereto as “Exhibit C”. WHEREFORE, Plaintiff, by counsel, requests that judgment be entered for Plaintiff andagainst Defendant in the amount of $9,540.69 plus costs, fees, and post—judgment interest, andfor all other just and proper relief. By (a 0%” g Charles C. Gaver,‘111, Atty. No. 24894—20 HERITAGE ACCEPTANCE CORP. 118 S. 2nd Street Elkhart, IN 465 16 (574) 522—9598; Fax (574) 295—9693 cgaver@hfgnet.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have caused a true and complete copy of theforegoin to served upon the following, by U.S. mail, postage prepaid, bf 0on addressed as follows: ,MICHAEL A BANKS JR2810 BELFAST DRFORT WAYNE, IN 46805 G 3g Q Charles C. Gaver, IIISTATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT )SS:COUNTY OF ALLEN ) CAUSE NO. 02D02~1910—CC-002914HERITAGE ACCEPTANCE CORPORATION ) Plaintiff ) ) vs. ) )MICHAEL A BANKS JR ) Defendant ) AFFIDAVIT OF NON-MILITARY STATUS COMES NOW COURTNEY GLENN, and being first duly sworn on oath, alleges and saysthat the Defendant in the above—entitled cause of action, who defaulted for want of appearanceherein, is not in the military 0r naval service of the United States 0f America; that said Defendant isphysically domiciled in ALLEN County, Indiana, and not under 0r subj ect to the jurisdiction of anymilitary or naval authority whatsoever. I further state that I make this Affidavit pursuant t0 the requirements of the ServicemembersCivil Relief Act of the United States Code to obtain, 0n said default, a judgment against the saidDefendant. I affirm, under the penalties for perjury, that the foregoing representations are true. /s/ Courtnev Glenn COURTNEY GLENNEXHIBIT A Resul'saw“APr-29‘202012I48=1°PMDepartment of Defense Manpower Data Center SCRA 5.4 Stamllcpmt ¥ Pursuant ta Scrvieemembera Civil Relief ActSSN: XXX-XX—3526Birth Date: Feb-XX-1990Last Name: BANKSFirst Name: MICHAELMiddle Name: AStatus As Of: Apr—29-2020Certificate ID: CCXWSBCWZQGTLTM On Active Duty On Active Duty Status Date Active Duty Stan Date Active Duty End Dale Status Service Component " 7 ”No‘ NA NA > ‘ NA This response reflects’thye individuals‘ active duty status based on the active Duty Status Date Lefl Ac‘ive Duty Within 367 Days of Active Duty Status Date Active Duty Start Daie Active Duty End Déte Status Service Component ' NA ' 7 E’NA , 7 , i: No H fi NA This response reflects where lha individual left active duty slams withih'367 days preceding the A‘ctivé‘Duly Status Date The Member or HlslHer UnitWas Notified of a Future CalI-Up to Active Duty on Act‘ve Duly Status Date Component ‘ Order Notificafion $1311 Date Order Notification End Date Status Service NA NA‘ __ ‘ -'N’o: f" NA This response reflects whether thé individual or hislher unit has received early hotification to repon for active dutyUpon searching the data banks of the Department of Defense Manpoweerata' Céhtér, based on the information that you provided, the above is the status ofthe individual on the active duty status date as to ail branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, andCoast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.Michael V. Sorrento, DirectorDepartment of Defense — Manpower Data Center400 Gignng Rd.Seaside, CA 93955The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and EligibilityReporting 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 asthe Soldiers‘ and Sailors‘ Civil Retief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that theindividual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any familymember, 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 theprotections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person‘s Service. Service contactinformation can be found on the SCRA website‘s FAQ page (033) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. lf you have evidence the personwas 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 invokedagainst 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 ActiveDuty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for activeduty 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 onIy some of the active duty periods lessthan 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 serviceauthorized by the President or the Secretary of Defense under 32 USC ’? 502(f) for purposes of responding to a national emergency declared by thePresident and supported by Federal funds. AH Active Guard Reserve (AGR) members must be assigned against an authorized mobiIization position in theunit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard ReserveProgram Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.SAPublic Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).Coverage Under the SCRA is Broader in Some CasesCoverage 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 bereported 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 1O 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 websitecertification 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 notactually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRAextend 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 SCRAare protectedWARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providingerroneous information will cause an erroneous certificate to be provided. Filed: 10/30/2019 3:16 P 02D02-1910-CC-002914 . . Allen Superior Court 2 . Allen County lngae B IN- 103- ARB 10/10/2015 Retail Installment Contract and Security Agreement ' Summaryseuer Name and‘Address Bums) Namats) and Address(es) * No.THE AUTO BROKERS Michael Banks Jr 1231 Elm St um 02/1 0/20174820 LIMA RDFORT WAYNE. {N 46808 FORT WAYNE. IN 46806D Business, commercial or agricutlural purpose Conlracl. I ‘ Truth-ln-Lending Disclosure Tuxal of Payments Total Sale Pride Amount Financed Annual perce’mage Bate Financa Charge a! your purchase on The amount you w}! have paid The (oral cast The amount n! credh provided The um M your mad“ as a yearly “a dull“ amaum the mun Wm to you or on ynur behalf. wh2n you have made all cmfn. inclmfinu your down . m3. cost yum snhedulad payments. paymsnt oi s »1,ooo.oo _ 18.568.70 19,068.70 m 24.99 7,306.75 s 10,761.95 s $ Payment Scheduie. Your paymenl scheduie is: When Paymnnls are Due Nu. of Payments Amount u! Payments Bl-WEEKLY BEGINNING 3/27/17 113 2 s s 159.90 250.00 2/24/1 7; 3/1 0/1 ’ 7 _ - g ‘m secumv intexest xhe Property putchased Security. You are giving us a to indiana will ha charged a late charge o1 618. 50. This amount may change pursuant not paid within 10 days oi its due date, you Late Charge ll all or any portion n! a payment Is M45 2-203. 5 so as to aiways be the maximum amaum permitted by §aw. Code §§ 24- 4. 5- 3 106 and Prepaymant If you pay u" this Contract early. you D may N wiH nut have to gay a Minimum Finance Charge. any Ienu‘ned wpaymam before lhe scheduled date, and any additional information about nonpayment default, of this Contract fur Contract Provisions You can sue the 1erms prepayment :elnnds and penallias. Description of Property OdnmetérM‘ilaaga' I ‘ Style ‘ Vahicleldantiiibalion Number Make Model Year 3N1CN7AP30L876_§15 57864 VERSA 4BR 2012 NISSAN ' Other: D New E Used U Demo Sales Agreement Description of Trade-In I Payment. You promise to pay us the pxincipai amoum of .03 HONDA ACCORD; SILVER s .“ pins finance charges accruing on Ihe unpaid per yea! from (he date o! [his Contract VIN: 1HGCM66533A000873 balance at the rate 01_.2_4_9_9___.___. 96 You agree la pay this Contract according ta (he payment Schedule and late until paid in tull. Conditional Delivery . Yau also agree to pay any charge provisions shown in the Tr'qm'lmlendr‘ng Risc/awm agreamentregardinu D Dondiflonal Defivm ”checked, you agteethat thehllowing additional amounts according ta the terms and conditions at this Contract securing financing ("Agreement”) applies: is part of this Contract. The . The Agreement Ptice, on or batore the date o! Agreeman; wilt no longer comm! altar ihe assignment is accepted. H there are any Dowh Payment. You also agree m pay at apply ta the Cash ’ the ltemizar/oa a/ and the Cunuact, the terms of this Contract and net ltade-in value described in conflicts between the terms of the Agreement this Canlram. any cash. whale . will apply. Amount financed E You agxee 16 make deferred down payments as set forth in your Paymenl Scheduiex U Minimum Finance Charge. You agree m p‘ay a minimum finance chame o1 H you pay this Canuact in full bnfore we have a , ._ ._______.N/A __..__...__.V earned tha‘ much in finance charges. 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