Motion for Judgment on the Pleadings in HS Financial Group, LLC v. Shaune Brooks| Trellis.Law

On March 28, 2024 a Complaint,Petition was filed involving a dispute between Hs Financial Group, Llc, and Brooks, Shaune, for CC - Civil Collection in the District Court of Hamilton County.

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29D01-2403-CC-003417 Filed: 3/28/2024 12:57 PM
Clerk
Hamilton Superior Court 1 Hamilton County, Indiana

STATE OF INDIANA ) IN THE HAMILTON CIRCUIT/SUPERIOR COURT
) SS:
COUNTY OF HAMILTON ) CAUSE NO.

HS FINANCIAL GROUP, LLC
Plaintiff,

vs.

SHAUNE BROOKS
Defendant(s).

COMPLAINT

COMES NOW the Plaintiff, HS Financial Group, LLC, by counsel, and for its Complaint

against the Defendant(s), Shaune Brooks, would state as follows:

1 The Defendant(s) is/are resident(s) of the State of Indiana and are subject to the

Court’s jurisdiction.

The Defendant(s) previously entered into a Lease-Purchase A greement with

Uown Leasing. A copy of said Consumer Lease- Purchase A greement is marked

as “Exhibit 1”, attached hereto and made a part of this Complaint.

The Plaintiff is the current holder of said account and is entitled to all rights as

owner thereof. A copy of the Assignment and Bill of Sale assigning this account

to the Plaintiffis marked as “Exhibit 2”, attached hereto and made a part of this

Complaint.

The Defendant(s) defaulted on their contractual obligations by failing to make all

of the required payments pursuant to the Lease Purchase A greement and is/are

indebted to the Plaintiff in the amount of $1,686.72.

Pursuant to “Exhibit 1” to this Complaint, the Plaintiff is entitled to recover court

costs and reasonable attorney fees for the need to pursue this cause of action.
6 A copy of the Plaintiff's Affidavit of Debt is marked as “Exhibit 3”, attached

hereto and made a part of this Complaint.

WHEREFORE Plaintiff prays for judgment against the Defendant(s), for the principal

sum of $1,686.72 plus statutory interest of eight percent (8%) per annum from date of judgment,

plus the costs of this action and reasonable attorney fees and for all other just and proper relief in

the premises.

Respectfully submitted,

/s/ Aaron K. Westlake
Attomey for the Plaintiff
Law Offices of Timothy M. Sullivan
18013 Cleveland Parkway, Suite 180
Cleveland, Ohio 44135
Telephone: (216) 762-1700
(SJown
CONSUMER LEASE-PURCHASE AGREEMENT-IN
Agreement Number: HEB935 Account: BBS240 Date: December 28, 2021

LESSOR: LESSEE:
Uown SHAUNE BROOKS
10500 University Center Dr. Suite 140
Tampa, FL 33612 1427 HANDBALL LN
Phone: (877) 357-5474 INDIANAPOLIS, IN 46260
E-Mail: customercare@uownleasing.com Telephone: TT
In this Agreement, “we. me and “our” refer to Mollie, LLC, dba Uown, as Lessor. “You” and “your” refer to the
person(s) signing this Agreement as the Lessee/Lease Customer. “Agreement” refers to this Lease-Purchase Agreement.
“Property” refers to the lease property described below.

1
Model# Description Serial# Condition Cash Price
BRS122821-02 INFLATER; STATE 258917 NEW $ 763.12*
TIRE DISPOSAL FEE:
ALLSTATE ROAD
HAZARD
PROTECTION; TOYO -
EXTENSA HP II -
196050; TIRE
PRESSURE
MONITORING
SENSOR; TOYO -
EXTENSA HP II -
196050; STATE TIRE
DISPOSAL FEE:
ALLSTATE ROAD
HAZARD
PROTECTION; TIRE
PRESSURE
MONITORING
SENSOR; INFLATER:
(*) Includes a $0.00 delivery fee.

2. (EEE REN eMeais Your initial Lease payment due on 12/31/2021 and includes the following charges:
Initial Lease Payment $ 60.23
Application Fee $ 40.00
Liability Damage Waiver (LDW) Fee (OPTIONAL) $N/A
Tax $4.22
Total $ 104.45

3. ESE Peake Your initial term is two weeks. It begins on the date the product is delivered to you and
expires two weeks after deliver After that, you have three options: (1) you can continue using the Property by making a
lease renewal payment in advanci (2) you can purchase the Property (see items 4 and 4a below); or (3) you can return the
Property to us with no further obligation, except for any past due payments due. Your Regular lease rate $60.23 plus
tax. There are no refunds

LEY PV oe OR Or eRe) ECUH During the first 90 days of this Agreement, you can buy the Property by paying
the Cash Price, above, less all rental payments you have made on time (not including any taxes or fees), plus tax.
Any late payments will void this option. This option expires on 03/28/2022. You have other purchase options
described below.

SB
Customer Initials -1- Agreement Number: E3935 Account: M5240
4a. WEEN ae ee iaeies You do not own the property. However, if you choose, you may purchase the property
at any time. If you are current, you may elect your early purchase option (EPO) at any time. Your EPO price is the total
amount of remaining lease payments for ownership (not including any taxes or fees) less a 30% discount, plus tax. The
purchase price does not include other charges such as late fees, which are explained below. You do not obtain any
ownership rights until you have paid for the Property in full. If you make 28 bi-weekly period payments of $60.23
(plus tax) in a row, you will have paid a total of $1,844.88 (including tax) (including the application fee), “Total
Cost,” and you will own the Property.

5. SSO IE wey eaae You are fully responsible for loss of or damage to the Property from all causes.
You agree to pay us the fair market value of the Property due to its loss or destruction from all causes, including, but not
limited to, theft, vandalism, malicious mischief, Act of God, or mysterious disappearance. If the Property is damaged, you
must pay us immediately for all repairs, not to exceed fair market value. We do not carry insurance on this Property, and
you are responsible for its safety until it is returned to us. You can cover some of your liability by choosing the optional
LDW below.

6. CURXSS
(a) Bank- or Card-Declined Charge: If your payment is denied for any reason, you must pay us a $15.00
charge to cover our costs in processing your payment in addition to your lease payment.
(b) Late Fee: If you do not make a timely lease renewal payment within 3 days after the renewal date, you must
pay us a Late Fee of $5.
(c) In-Home Collection Fee: $ 10.00. If we send someone to your house to pick up a payment, you must pay us
this fee for that service.
(d) LDW Fee (Optional): $N/A. If you choose this option by paying the fee, and you are not in default of this
Agreement, you will not be liable for loss of or damage to the Property from fire, wind, flood, or other Act of God.
You will still be liable for loss or damage caused by unexplained disappearance, abandonment of the Property,
theft, or any other damage intentionally caused by you and that results from your or your family’s willful or
wanton misconduct. The LDW is void if payments are past due. The LDW Fee is the $ N/A per TWO WEEKS.
(e). Application Fee: This is the fee for setting up your lease purchase file with us.
(f). Delivery Fee: This is the fee for delivering the Property to your residence.
(g). ACH Account Changes: $5.00 You must pay this fee if you change bank accounts or payment information
on your ACH account with us.

7. (ESET. If you fail to make a timely lease renewal payment, this Agreement expires. You can reinstate it
without losing any rights or options previously acquired by making all payments due or returning the Property
within 16 days after the renewal date. If you return the Property during this time, then you will have 60 days
from the date of return to reinstate by making all payments due. If you reinstate, we will furnish you with the
same Property or property of comparable quality and condition.

8. ETHIE Se We DeLA We will maintain the Property in good working condition during the lease
term. We will not be responsible for the costs or the results of any repairs or damage caused by improper use. You must
notify us immediately if the Property breaks. If any part ofa manufacturer’s warranty covers the Property at the time
you acquire ownership, the warranty will be transferred to you, if allowed by the terms of the warranty. To the extent
permitted by law, we do not provide any Warranty of Merchantability or Fitness for a Particular Purpose, either Express
or Implied, on the Property. You are lease the Property, “as is” and “with all faults.”

9. EEE eT
(a) You may terminate this Agreement at any time by returning the Property to us or by making arrangements with us
for its return. We may terminate this Agreement if you fail to keep any of your agreements. We may notify you of
termination in writing, or by e-mail, or by telling you. You agree to pay us the fair market value of the Property if you fail
to return it to us when this agreement terminates or make prompt arrangement with us for its return. You remain liable for
lease payments until the Property is returned to us. When making arrangements to return our Property, you must send us
a picture or pictures of the Property via email to MR@Uownonline.com or other means. This will help verify the
condition of the Property prior to pick-up and insure that we recover the correct leased Property.
Once you have contacted us requesting the return of our property, one of our recovery team members will make
arrangements to do so. You must reply to the recovery team member within 5 business days to schedule a date and time
for recovery. If you do not, your lease payments will continue until pickup agreements are made and agreed to.

(b) Return of Property upon Termination. If this Agreement is terminated for any reason, you agree to provide for
the immediate return of this property to us in good condition.

$B
Customer Initials -2- Agreement Number: E3935 Account: M5240
10. GES mees If you do not keep this Agreement, in addition to other charges you may owe us, you
understand that you will have to pay us for all reasonable costs we incur in getting our Property back. These costs may
include attorney’s fees and court costs if they are incurred and permitted by state law.

11. You agree to keep this Property at the address shown above. If you remove
this Property without our written permission, we have the right to terminate this Agreement immediately.

12. You have no right to sell, transfer, assign, pawn, pledge, sub-lease or encumber the Property or this
Agreement in any way. We may sell, transfer, or assign this Agreement.

13. DEWVETOR Oe eey aaa You understand that we will not be responsible for any loss or damage to any property
arising out of your use of the Property.

$B
Customer Initials -3- Agreement Number: E3935 Account: M5240
LNG Be: Ue Le La

Name of Institution: Type of Account: PC-Personal Checkin;
ank Routing Number: HES997 Bank Account #: SS 192

X SB You agree to allow us to debit one payment of $104.45 or the selected Initial Payment below,
which includes your Application and Delivery fee where applicable, from your checking
Initial account or credit card on or after 12/31/2021.
X SB You also agree to allow us to debit additional payments of $64.45 or the selected Remaining
Payments each from your checking account or credit card on the same day of each bi-weekly
ial period until this Lease Purchase Agreement has been paid out or terminated.

Uown Traditional 13 Month Lease Purchase Plan*
*with a same as cash option
Early Buyout Option Available Off Unpaid Balance
Initial Number of Payment Amount Payment Total Cost
payments Frequency
56 $32.23 * Weekly $ 1,844.88 **
SB 28 $64.45 * Bi-Weekly $ 1,844.88 **
26 $69.41 * Semi-Monthly $ 1,844.88 **
N/A 13 $138.81* Monthly $ 1,844.88 **
* These amounts include sales tax. Changes in the tax rate during the agreement may change these amounts.
** Total Cost includes sales tax, application fee and delivery fee.

USI Gd BCS 080) KS)
This Agreement has a 13-month term for ownership. However, you can buy the Property sooner if you choose:

1, Same As Cash Option. Purchase the Property by 03/28/2022 and pay only $816.54, including tax.
+ You must call us at (877) 357-5474 to exercise this option.
Price for this option is the Cash Price plus delivery fee if not previously added to Cash Price less all
payments made (not including any taxes or fees), plus tax.
+ Late or missed payments or payment extensions will void this option.
+No exceptions due to delivery schedule.
*Only available on the Uown Traditional Lease Purchase Plan.

2. Early Buyout Option. Beginning 03/29/2022, you can buy the Property at any time by paying the EPO
price. Please refer to the Lease Purchase Ownership section in the lease. You must call us at (877) 357-5474
to get the Early Buyout amount.

X SB
Initial

14. FROPR EMS §=You authorize the electronic debit or debits to your account as outlined. You understand and agree
that the electronic debit will continue until the total amount due plus any return fees are collected or until you revoke this
authorization. This authorization is also applicable to any new account information, payment amounts, or payment dates
you provide in the future. You also authorize us to initiate debit entries against any account from which you may make
future payments, whether or not such account is from the financial institution listed above. The total amount due will
remain the same except in cases where the sales tax rate changes.
CHANGE OF INFORMATION: You agree to notify us verbally at (877) 357-5474, by fax at (877) 353-8706 or in
writing at the above address fifteen (15) or more days prior to any change to the account or closing of the account shown
above or any change or situation that may affect debiting the payment. You further agree to pay and authorize a $5.00
debit if you change bank account or payment information.

$B
Customer Initials -4- Agreement Number: E3935 Account: M5240
RETURNS: You authorize the state authorized fee or returned item fee in the amount of $25.00 to be debited from your
account if a debit is returned unless the returned item was the result of an error by the processor. You authorize returned
transactions to be resubmitted up to 3 (three) times without further notice to you.
x_SB CANCELLATION: Upon payment in full, you understand that you may cancel the electronic debit
authorization by providing written notice to us at the address above fifteen (15) or more days prior to the last payment due
date.

15. ESTEE You and we agree that any claim or dispute arising from or in any way related to the Agreement must
be resolved by binding arbitration instead ofa lawsuit. This agreement to arbitrate will be governed by the federal
Arbitration Act, 9 U.S.C. Sections 1-16 and the substantive law of your state.

Arbitration is a process for resolving disputes outside of the court system. An independent third-party arbitrator will take
evidence from both parties and then rule on the issue(s). The arbitrator has the ability to award all remedies available by
statute, at law or in equity. The arbitrator’s decision will be final and binding on both parties.

$B
Customer Initials -5- Agreement Number: E3935 Account: M5240
You and we agree to use one of the two national arbitration organizations and their rules for conducting arbitrations. You
can contact those organizations and get copies of their rules here:

American Arbitration Association JAMS, the Resolution Experts
335 Madison Avenue, Floor 10 1920 Main Street, Suite 300
New York, NY 10017-4605 Irvine, CA 92614
www.adr.org. www.jamsadr.com
(800)-778-7879 (800)-352-5267 or (949)-224-1810
If a dispute arises, you or we can file a claim with either organization. If you file a claim against us, we will pay the
initial filing fee. Each party must pay its own attorneys’ fees and other costs of the arbitration. However, the arbitrator
can award reasonable attorneys’ fees and costs to the party who wins the arbitration.

If we file a claim against you and select an organization that is unacceptable to you, you have the right to choose the other
organization if you notify us of your decision within 30 days after you receive notice of our arbitration choice.

You and we agree that any arbitration will be conducted in the county where you live.

Nothing in this arbitration agreement is intended to prevent either of us from filing a lawsuit in an appropriate small
claims court for an amount that does not exceed the court’s jurisdictional limits. All other disputes must be arbitrated.

This arbitration agreement will survive termination of the Agreement and will continue to be in effect to resolve any
disputes that arise between you and us.

BY AGREEING TO ARBITRATE DISPUTES, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY.
YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT RESOLVE YOUR DISPUTE. YOU ARE
WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU ARE WAIVING YOUR
RIGHT TO CERTAIN DISCOVERY RULES THAT APPLY IN A LAWSUIT. YOU AND WE AGREE THAT
THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS-WIDE ARBITRATION AND CAN ONLY
DECIDE THE DISPUTE BETWEEN YOU AND US. IF ANY PART OF THE ARBITRATION AGREEMENT
IS RULED TO BE INVALID, THEN THE UNDERLYING DISPUTE MUST BE RESOLVED BY A JUDGE,
SITTING WITHOUT A JURY, IN A COURT OF COMPETENT JURISDICTION, AND NOT AS A CLASS
ACTION LAWSUIT.

Your Right to Opt Out: If you decide that you do not want to arbitrate any dispute(s) with us, you must notify us in
writing at our address in the Agreement no later than 10 days after the date you sign the Agreement. Your decision to opt
out of this arbitration agreement will not affect your Agreement with us.

16. MUTSIET EI eeoweies You understand that time is of the essence in this Agreement. You understand that no
changes may be made to this Agreement except by us in writing.

Lessor: Mollie, LLC dba Uown Lessee:

By: —_ By: Shaune Brooks
Signature Signature
D. Klein SHAUNE BROOKS
Leasing Representative

Store Representative: Co-Lessee:

By: By:
Signature Signature

Today’s Date: Dec 28, 2021 Date: Dec 28, 2021

If you would like to speak to a Spanish representative regarding this contract, please contact us at (877) 357-5474
Si usted desea hablar con un representante Espafiol sobre este contrato, por favor contactenos al (877) 357-5474.

-6- Agreement Number: E3935 Account: M5240
__

EXHIBIT D
ASSIGN MEN T AND BILL OF SALE

ed into a Charged-Off Receivables Purchase
Mollie LLC, DBA: Uown Leasing (“Seller”) has enter of to
Agreement dated 3/15/2023 ("Agreement") for the
sale of Accounts described in Exhibit A there
set forth in thatAgre emen t.
National Debt Holdings LLC (“Purchaser”) upon the
terms and conditions

ble and liquid funds, Seller hereby sells, assigns
NOW, THEREFORE, upon receipt of immediately availa
Seller's rights, title, and interest in each and
and transfers to Purchaser, its successors and assigns, all of
ent.
every one of the Uown Leasing Accounts described in the Agreem
tial address is in
“Accounts” means AEEwhere last known state of the residen
National file with a face value 0S
in "Exhibit B", the Closing Statement
Purchaser and Seller agree that the Purchase Price shall be as stated
of the Agreement.

IN WITNESS WHEREOF,
Seller has signed and delivered this instrument on the 15* Day of March 2023

Daniel Ket

Print: Daniel Klein

TITLE: ceo

QI National Debt Holdings, LLC

EXHIBIT

— 2
EXHIBIT B

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT (the “Assignment”) is entered into as of,
March 15, 2023, by National Debt Holdings, LLC (the “Assignor”) to BCG Equities, LLC (the
“ “Assignee”’),

RECITALS

A. The Assignor is the owner and holder of charged off accounts receivable arising from and
related to loans made by the Original Creditor (as such term is defined in the Financial
Asset Sale Agreement, as defined below), and all right, title and interest therein (the
“Financial Assets”), which Financial Assets were sold to Assignor or the Assignor’s
predecessors in interest by Original Creditor and which Financial Assets are more
particularly described on Exhibit A attached hereto and made a part hereof.;

The Assignee has reviewed and evaluated, or has been given the opportunity to review and
evaluate but has declined to review and evaluate, the Financial Assets and Account Data
to its full satisfaction;

The Assignor and the Assignee have entered into that certain Financial Asset Sale
Agreement dated as of March 15, 2023 (the “Agreement’”), with respect to the purchase
and sale of the Financial Assets and the Account Data and certain other loans and the
promissory notes, the loan agreements and the other documents, records or files governing,
evidencing, securing or relating to same available to Seller and requested by Buyer in
accordance with the Agreement; and

Pursuant to the Agreement, the Assignor desires to assign to the Assignee, and the Assignee
desires to acquire from the Assignor, the right, title and interest of the Assignor in and to
the Financial Assets and related Account Data.

AGREEMENTS

For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:

1 Assigned Financial Assets. The Financial Assets covered by this Assignment are
described on Exhibit A hereto.

Assignment. For good and valuable consideration paid to the Assignor, the receipt
and sufficiency of which are hereby acknowledged, the Assignor has
TRANSFERRED and ASSIGNED and by these presents does TRANSFER and
ASSIGN unto the Assignee, all of the Assignor’s right, title and interest in and to
the Financial Assets and related Account Data , as well as all sums due or to become
due thereon, together with interest thereon at the rate or rates provided for therein,
and together with all right, title and interest and all privileges and powers of the
Assignor in,

Or with respect to the Financial Assets, TO HAVE AND TO HOLD the same
untothe Assignee, its successors and assigns, forever.

Status of Financial Assets. All representations, warranties and covenants set forth
in the Agreement, are incorporated herein by reference and are made an integral
part of this Assignment.

IN WITNESS WHEREOF, the Assignor and the Assignee have duly executed
this Assignment as of the Date March 15, 2023.

ASSIGNOR:

National Debt Holdings, LLC

By:

Name: Jeremy Poehler

Title: CEO

ASSIGNEE:

BCG Equities, LLC

dam Dobberstein
ry’ J Adam Dobberstein (Mar 15, 2023 10:55 CDT)

Name: J Adam Dobberstein

Title: Managing Member
EXHIBIT B

BILL OF SALE AND ASSIGNMENT.

THIS BILL OF SALE AND ASSIGNMENT (the “Assignment”) is entered into as of,
September 18, 2023 by BCG Equities, LLC (the “Assignor”) to HS Financial Group, LLC (the
“
‘Assignee”).

RECITALS

The Assignor is the owner and holder of charged off accounts receivable arising from and
related to loans made by the Original Creditor (as such term is defined in the Financial
Asset Sale Agreement, as defined below), and all right, title and interest therein (the
“Financial Assets”), which Financial Assets were sold to Assignor or the Assignor’s
predecessors in interest by Original Creditor and which Financial Assets are more
particularly described on Exhibit A attached hereto and made a part hereof.;

‘The Assignee has reviewed and evaluated, or has been given the opportunity to review and
evaluate but has declined to review and evaluate, the Financial Assets and Account Data
to its full satisfaction;

The Assignor and the Assignee have entered into that certain Financial Asset Sale
Agreement dated as of September 18, 2023 (the “Agreement”), with respect to the
purchase and sale of the Financial Assets and the Account Data and certain other loans and
the promissory notes, the loan agreements and the other documents, records or files
governing, evidencing, securing or relating to same available to Seller and requested by
Buyer in accordance with the Agreement; and

AGREEMENTS

For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:

1 Assigned Financial Assets. The Financial Assets covered by this Assignment are
described on Exhibit A hereto.
Assignment, For good and valuable consideration paid to the Assignor, the receipt
and sufficiency of which are hereby acknowledged, the Assignor has
TRANSFERRED and ASSIGNED and by these presents does TRANSFER and
ASSIGN unto the Assignee, all of the Assignor’s right, title and interest in and to
the Financial Assets and related Account Data , as well as all sums due or to become
due thereon, together with interest thereon at the rate or rates provided for therein,
and together with all right, title and interest and all privileges and powers of the
Assignor in,

Or with respect to the Financial Assets, TO HAVE AND TO HOLD the same unto
the Assignee, its successors and assigns, forever.

Status of Financial Assets. All representations, warranties and covenants set forth
in the Agreement, are incorporated herein by reference and are made an integral
part of this Assignment.

IN WITNESS WHEREOF, the Assignor and the Assignee have duly executed this
Assignment as of the Date September 19, 2023.

ASSIGNOR:

Title: Manager

ASSIGNEE:

HS Fina Sroup, LLC

Bye A

Name: Lauren Summers

Title: Sr. Vice President
List of Accounts Included:
Y
STATE OF INDIANA IN THE HAMILTON CIRCUIT/SUPERIOR COURT
) SS
COUNTY OF HAMILTON CAUSE NO.
HS FINANCIAL GROUP, LLC
Plaintiff(s)
VS. AFFIDAVIT OF DEBT

SHAUNE BROOKS
Defendant(s)

Comes now affiant, and states:
I essica Neal am oPlaintiff OR pg a designated full-time employee of HS Financial Group, LLC
(Name of A ffiant) (Name of Plaintiff)
I am of adult age and am fully authorized by Plaintiff to make the following representations are true according to documents kept in the
normal course of Plaintiff's business and/or personal knowledge:

Plaintiff:
C is the original owner of this debt. OR
& has obtained this debt from BCG Equities, LLC and the original owner of this debt was Uown Leasing.

Shaune Brooks, Defendant, has an unpaid balance of $1,686.72 on account 5240.

That amount is due and owing to Plaintiff. This account was opened on 12/28/2021

The type of account is:
O Credit Card account (i.e. Visa, Mastercard, Department Store, etc.)
+ List the name of the Company/Store issuing credit card:
O Account for utilities (i.e. telephone, electric, sewer, etc.)
O Medical bill account (i.e. doctor, dentist, hospital, etc.)
O Account for services (i.e. attomey fees, mechanic fees, etc.)
O Judgment issued by a court (a copy of the judgment is required to be attached)
Other: (Please explain): Lease-Purchase Agreement

This account balance includes:
OC Late fees in the amount of $. as of (Month, Day, Y ear)
O71 Other (Explain
C1 Interest at a rate of % beginning on (Month, Day, Y ear)

Plaintiff:
& is seeking attorney’s fees and additional evidence will be presented to the court prior to entry of judgment on attorney’s fees. OR
C is not seeking attorney’s fees.

Plaintiff believes defendant is not a minor or an incompetent individual. If the defendant is an individual, plaintiff states and declares that:
c Plaintiff is unable to determine whether or not Defendant is not on active military service. OR
Defendant is not on active military service. Plaintiff's statement that Defendant is not on active military service is based upon
the following facts: Searched, Department of Defense Computer Records
(“Active military service” includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National
Guard, service under a call to active service authorized by the President or Secretary of Defense. For further information, see the definition of
military service” in the Service members Civil Relief Act, as amended, 50 U.S.C.A Appx. § 521.)
I swear or affirm under the penalties of perjury that the foregoing representations are true.

Dated: March 21, 2024 Signature of A ffiant:
Printed name & title:

EXHIBIT

— 4

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Complaint,Petition: HS Financial Group, LLC v. Shaune Brooks

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