Preview
Filed: 9/4/2023 5:26 AM
Clerk
Allen County, Indiana
ED
STATE OF INDIANA ) ALLEN COUNTY SUPERIOR COURT
) SS
COUNTY OF ALLEN ) Case Number: 02D01-2307-CC-001636
)
MIDLAND CREDIT MANAGEMENT, INC. )
Plaintiff )
)
V. )
)
NATHAN MILLER )
Defendant )
MOTION FOR ENTRY OF DEFAULT JUDGMENT
Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by counsel, pursuant to Trial Rule
55(A), moves the court for an entry of a default judgment against defendant NATHAN MILLER , as
defendant has failed to appear and respond to plaintiff's complaint within twenty (20) days from the date
plaintiff served the summons and complaint on the defendant.
Attached hereto as Exhibit "A" is Plaintiffs Affidavit in support of its motion.
As Defendant has not appeared or answered, Plaintiff does not know whether Defendant objects
to or approves of the granting of this motion.
The undersigned certifies that this and any attached document complies with the requirements of
Trial Rule 5(G) with regard to information excluded from the public record under Administrative Rule
9(0).
Res '
ctfully submitted,
J0 '
GILLESPIE Bar No. 31983-49 \Vl
SO E. TAYLOR Bar No. 3016022
O B
OX 70069
1
DUI VILLE, KY 40270-0069
.(866)300-8750
F °." 855)488-1523
Email Address: IL_IN@mcmcg.com
Attorneys for Plaintiff"
IN_0303G File No.: 21-108051UD
STATE 0F INDIANA ) ALLEN COUNTY SUPERIOR COURT
) ss;
COUNTY OF ALLEN ) Case Number: 02D012307CC001636
)
MIDLAND CREDIT MANAGEMENT, INC. )
Plaintiff )
)
v. )
)
NATHAN MILLER )
Defendant )
AFFIDAVIT IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT
Comes now Affiant and states:
1. The undersigned counsel is the attorney Of record for Plaintiff in this case. The undersigned is
of adult age and am fully authorized by Plaintiff to make the following representations. The undersigned
is familiar with the record keeping practices of Plaintiff and the following representations are true
according to documents kept in the normal course of Plaintiff' s business and/or my personal knowledge.
2. Plaintiff MIDLAND CREDIT MANAGEMENT, INC. filed a Complaint against the
Defendant NATHAN MILLER in this action, and Defendant was duly served with process.
3. More than 20 days have now elapsed since the date on which the Defendant was served with
the Summons and Complaint, and I certify that no papers or responsive pleadings have been served on me
by Defendant.
4. This affidavit is executed by the Afflant for the purpose of enabling the Plaintiff to Obtain an
have been served on me by
entry of default against the Defendant, as no papers or responsive pleadings
Defendant.
5. Defendant is not an infant or incompetent, and per Department of Defense records is not
currently in military service (see SCRA status report attached).
6. Based upon its Complaint and the accompanying Affidavit of Debt and attached documents,
Plaintiff is entitled to judgment against Defendant, NATHAN MILLER , for an award of damages
against Defendant in the sum of $2,565.85 plus court costs.
7. Plaintiff is further entitled to an award of post-judgment interest on the total judgment at the
rate of eight percent (8%) from the date of judgment until satisfied, as provided by law.
FURTHER, AFFIANT SAITH NOT.
IN_03OOG File No.: 21-10805 JUD
EXHIBIT it A
I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING
ST MENTS ARE TRUE AND CORRECT.
JOH
JA
.
E.
LESPIE Bar N0. 31983-49
TAYLOR Bar N0. 30160-22
J
At ys for Plaintiff
****************
COMMONWEALTH OF KENTUCKY )
) SS:
COUNTY OF JEFFERSON )
SUBSCRIBED AND SWORN to by JOHN F. GILLESPIE / JASON E. TAYLOR/
bebeforemeon A G30
ersonallar
2 23 .
DINA PEASE
M
Notary Public Seal
-
Notary Public: Floyd'County State of Indiana
~
Commission Number NPO743020
My Commission Expires
Aug 15, 2030
My Commission ex irCS' '
6: $13130
County of Residence: TY
IN70300G File No.2 21-108051UD
Ailen Superior Court
Midland Credit Management Inc. Case No.: 02001-2307-CC-001636
Plaintiff/Petitioner
vs.
NATHAN MILLER DECLARATION OF SERVICE OF
Defendant/Respondent Summons; Complaint
Received by Dawn Griffin-Luce, on the 2nd day of August, 2023 at 7:47 PM to be sewed upon NATHAN MILLER at
12712 SPENCERVILLE RD, HARLAN, Allen County, IN 46743.
On the 3rd day of August, 2023 at 9: 58 AM, I, Dawn Griffin-Luce, SERVED NATHAN MILLER at 12712
SPENCERVILLE RD, HARLAN, Allen County, IN 46743 in the manner Indicated below:
[2] Posting
By then and there personally affixing 1 true and correct copy(ies) of the above listed documents in a conspicuous
place on the property.
Attempts:
E] Mailing
declarant then deposited in the United States mail,
On the date of AUG 0 4
2923,3 "Personal & Confidential", in the county where the property is situated, the
by First Class mail bearing the wor
above listed documents with proper postage to:
NATHAN MILLER
12712 SPENCERVILLE RD
HARLAN, IN 46743
Service Fee Total: $28.50
1am a citizen of the United States. over the age of eighteen, not a party to nor interested in the above entitled action, and
have the proper authority in the jurisdiction in which this service was made. Under penalties of perjury, declare that
I I
have read e foregoing document and that the ts stated in it are true and accurate
NAM
W "IL/[011' VI /A Allvuu I)
ml;
:-
l 2923
Server lD # Dat
DaMGriffin-Luce/
Page 1 0H
REF: 21-10805 Tracking #2 0111498630
Effl-
Results as 0t Aug-162023 05,2038 AM
Department of Defense Manpower Data Center
:
SCRA 517
Status Report
'
Pursuant to Serviccmombcrs Civil Relief Act
SSN: XXX-XX-3463
Birth Date: Jun-XX1977
Last Name: MILLER
First Name: NATHAN
Middle Name:
Status As Of: Aug»162023
Certificate lD: NBOYL17FQQLYW13
'
'
On Active Duty 0n Active Duty Stale: Date
Active Duty End Date Status Service Component
Active Duty Start Date
NA No NA
NA
This response reflects?» individuals' active duty status based on the Active Duty Stems Date
'Lgft Adm Duty'Within 367 Days at Active Duty Status Date
Active cum em Date Status Service Contponent
Active Duty bane
NA No NA
NA
This response reflects whe'vomo individual left active duiy status within 367 days precadirig the Active Duty Status Date
The Member midis/Her Unith Notified of a Fumre Can'tJp to Active Duty on Active Duty Status Date
'om'muwionsmoam Status Service Componem
Order Notification Start Date
NA".
'
No NA
NA
This response reflects whether the Wool b! Mar unit has received party notification to relmfl '0' aCliVB 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 intormation on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Sm awe/$4M
Sam Yousefzadeh, Acting Director
Department of Defense Manpower Data Center
-
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Depanmenk of Defense (DOD) that maintains the Defense Enroliment and Eligibiiity
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 oi the Servicemembers Civil Reliei Act (50 USC App. § 3901 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. ln the event the individual referenced above, or any family
entitled to the
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise
of the SCRA, you are strongly encouraged to obtain further verification oi the person's status by contacting that person's Service. Service contact
protections
information can be found on the SCRA website's FAQ page (035) via this URL: httpsV/scradmdc.osd.mil/scra/#/faqs. If you have evidence the person
was on active duty lor the active duty status date and you tail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(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
received early notification to report for active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit
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 to 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
commissioned officer of the U.S.
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty
Public Health Service or the National Oceanic and Atmospheric Administration (NCAA 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 i4 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 of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
protections
of protections of the SCRA
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number
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.
Preview
Filed: 9/4/2023 5:26 AM Clerk Allen County, Indiana ED STATE OF INDIANA ) ALLEN COUNTY SUPERIOR COURT ) SS COUNTY OF ALLEN ) Case Number: 02D01-2307-CC-001636 ) MIDLAND CREDIT MANAGEMENT, INC. ) Plaintiff ) ) V. ) ) NATHAN MILLER ) Defendant ) MOTION FOR ENTRY OF DEFAULT JUDGMENT Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by counsel, pursuant to Trial Rule 55(A), moves the court for an entry of a default judgment against defendant NATHAN MILLER , as defendant has failed to appear and respond to plaintiff's complaint within twenty (20) days from the date plaintiff served the summons and complaint on the defendant. Attached hereto as Exhibit "A" is Plaintiffs Affidavit in support of its motion. As Defendant has not appeared or answered, Plaintiff does not know whether Defendant objects to or approves of the granting of this motion. The undersigned certifies that this and any attached document complies with the requirements of Trial Rule 5(G) with regard to information excluded from the public record under Administrative Rule 9(0). Res ' ctfully submitted, J0 ' GILLESPIE Bar No. 31983-49 \Vl SO E. TAYLOR Bar No. 3016022 O B OX 70069 1 DUI VILLE, KY 40270-0069 .(866)300-8750 F °." 855)488-1523 Email Address: IL_IN@mcmcg.com Attorneys for Plaintiff" IN_0303G File No.: 21-108051UD STATE 0F INDIANA ) ALLEN COUNTY SUPERIOR COURT ) ss; COUNTY OF ALLEN ) Case Number: 02D012307CC001636 ) MIDLAND CREDIT MANAGEMENT, INC. ) Plaintiff ) ) v. ) ) NATHAN MILLER ) Defendant ) AFFIDAVIT IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT Comes now Affiant and states: 1. The undersigned counsel is the attorney Of record for Plaintiff in this case. The undersigned is of adult age and am fully authorized by Plaintiff to make the following representations. The undersigned is familiar with the record keeping practices of Plaintiff and the following representations are true according to documents kept in the normal course of Plaintiff' s business and/or my personal knowledge. 2. Plaintiff MIDLAND CREDIT MANAGEMENT, INC. filed a Complaint against the Defendant NATHAN MILLER in this action, and Defendant was duly served with process. 3. More than 20 days have now elapsed since the date on which the Defendant was served with the Summons and Complaint, and I certify that no papers or responsive pleadings have been served on me by Defendant. 4. This affidavit is executed by the Afflant for the purpose of enabling the Plaintiff to Obtain an have been served on me by entry of default against the Defendant, as no papers or responsive pleadings Defendant. 5. Defendant is not an infant or incompetent, and per Department of Defense records is not currently in military service (see SCRA status report attached). 6. Based upon its Complaint and the accompanying Affidavit of Debt and attached documents, Plaintiff is entitled to judgment against Defendant, NATHAN MILLER , for an award of damages against Defendant in the sum of $2,565.85 plus court costs. 7. Plaintiff is further entitled to an award of post-judgment interest on the total judgment at the rate of eight percent (8%) from the date of judgment until satisfied, as provided by law. FURTHER, AFFIANT SAITH NOT. IN_03OOG File No.: 21-10805 JUD EXHIBIT it A I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING ST MENTS ARE TRUE AND CORRECT. JOH JA . E. LESPIE Bar N0. 31983-49 TAYLOR Bar N0. 30160-22 J At ys for Plaintiff **************** COMMONWEALTH OF KENTUCKY ) ) SS: COUNTY OF JEFFERSON ) SUBSCRIBED AND SWORN to by JOHN F. GILLESPIE / JASON E. TAYLOR/ bebeforemeon A G30 ersonallar 2 23 . DINA PEASE M Notary Public Seal - Notary Public: Floyd'County State of Indiana ~ Commission Number NPO743020 My Commission Expires Aug 15, 2030 My Commission ex irCS' ' 6: $13130 County of Residence: TY IN70300G File No.2 21-108051UD Ailen Superior Court Midland Credit Management Inc. Case No.: 02001-2307-CC-001636 Plaintiff/Petitioner vs. NATHAN MILLER DECLARATION OF SERVICE OF Defendant/Respondent Summons; Complaint Received by Dawn Griffin-Luce, on the 2nd day of August, 2023 at 7:47 PM to be sewed upon NATHAN MILLER at 12712 SPENCERVILLE RD, HARLAN, Allen County, IN 46743. On the 3rd day of August, 2023 at 9: 58 AM, I, Dawn Griffin-Luce, SERVED NATHAN MILLER at 12712 SPENCERVILLE RD, HARLAN, Allen County, IN 46743 in the manner Indicated below: [2] Posting By then and there personally affixing 1 true and correct copy(ies) of the above listed documents in a conspicuous place on the property. Attempts: E] Mailing declarant then deposited in the United States mail, On the date of AUG 0 4 2923,3 "Personal & Confidential", in the county where the property is situated, the by First Class mail bearing the wor above listed documents with proper postage to: NATHAN MILLER 12712 SPENCERVILLE RD HARLAN, IN 46743 Service Fee Total: $28.50 1am a citizen of the United States. over the age of eighteen, not a party to nor interested in the above entitled action, and have the proper authority in the jurisdiction in which this service was made. Under penalties of perjury, declare that I I have read e foregoing document and that the ts stated in it are true and accurate NAM W "IL/[011' VI /A Allvuu I) ml; :- l 2923 Server lD # Dat DaMGriffin-Luce/ Page 1 0H REF: 21-10805 Tracking #2 0111498630 Effl- Results as 0t Aug-162023 05,2038 AM Department of Defense Manpower Data Center : SCRA 517 Status Report ' Pursuant to Serviccmombcrs Civil Relief Act SSN: XXX-XX-3463 Birth Date: Jun-XX1977 Last Name: MILLER First Name: NATHAN Middle Name: Status As Of: Aug»162023 Certificate lD: NBOYL17FQQLYW13 ' ' On Active Duty 0n Active Duty Stale: Date Active Duty End Date Status Service Component Active Duty Start Date NA No NA NA This response reflects?» individuals' active duty status based on the Active Duty Stems Date 'Lgft Adm Duty'Within 367 Days at Active Duty Status Date Active cum em Date Status Service Contponent Active Duty bane NA No NA NA This response reflects whe'vomo individual left active duiy status within 367 days precadirig the Active Duty Status Date The Member midis/Her Unith Notified of a Fumre Can'tJp to Active Duty on Active Duty Status Date 'om'muwionsmoam Status Service Componem Order Notification Start Date NA". ' No NA NA This response reflects whether the Wool b! Mar unit has received party notification to relmfl '0' aCliVB 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 intormation on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Sm awe/$4M Sam Yousefzadeh, Acting Director Department of Defense Manpower Data Center - 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Depanmenk of Defense (DOD) that maintains the Defense Enroliment and Eligibiiity 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 oi the Servicemembers Civil Reliei Act (50 USC App. § 3901 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. ln the event the individual referenced above, or any family entitled to the member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise of the SCRA, you are strongly encouraged to obtain further verification oi the person's status by contacting that person's Service. Service contact protections information can be found on the SCRA website's FAQ page (035) via this URL: httpsV/scradmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty lor the active duty status date and you tail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(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 received early notification to report for active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit 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 to 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 commissioned officer of the U.S. Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty Public Health Service or the National Oceanic and Atmospheric Administration (NCAA 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 i4 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 of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not protections of protections of the SCRA actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number 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.