Proman v. Miller
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Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
DORIS PROMAN, and ) GLENN J. PROMAN, ) ) Plaintiffs, ) ) v. ) CV424-002 ) CAROL BACON MILLER, et al., ) ) Defendants. ) ORDER Pro se plaintiff Doris Proman has filed a pleading of an ambiguous nature. See generally doc. 1. She paid the filing fee, but there is no record that she has requested a summons directed to any defendant. See generally docket. On January 12, 2024, the undersigned received correspondence from Proman. The intent of that correspondence is unclear. To the extent that the correspondence is comprehensible, it refers to a “case.” See, e.g., Exhibit A at 3-4. The Court infers that this is a reference to the present case, as this is the only case she has pending, but the correspondence does not include any information that expressly indicates Proman intended it to be filed into the docket of this case, specifically. Nevertheless, the Court preserves a record of it on the docket, but for the reasons discussed below, the Court will take no further action related to it.
Correspondence addressed to judges is not a proper form to request relief or file documents in a case. See, e.g., In re Unsolicited Letters to
Federal Judges, 120 F. Supp. 2d 1073, 1074 (S.D. Ga. 2000) (“[I]f a litigant seeks judicial action of any sort . . ., it must be contained within a motion . . . . It cannot be requested in a personal letter to a judge.”).
Any request for relief of any description must be made by motion. See, e.g., Fed. R. Civ. P. 7(b)(1) (“A request for a court order must be made by motion,” in writing, stating “with particularity the grounds,” and stating
the relief sought). Even if the Court charitably construed Proman’s correspondence, see, e.g., Erickson v. Pardus, 551 U.S. 89, 94 (2007), it does not seek any relief the Court can discern, nor does it present any
apparent grounds for any relief. Proman is advised that disregard of the Court’s rules, including both the Federal Rules of Civil Procedure and the Local Rules, and filing of meritless documents may subject her to
sanctions, including dismissal of her case. Cf. Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (“[O]nce a pro se [in forma pauperis] litigant is in court, he is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure. These rules provide for sanctions for misconduct and for failure to comply with court orders.”);
see also Patterson v. Aiken, 841 F.2d 386, 387 (11th Cir. 1988) (“[P]ro se filings do not serve as an impenetrable shield, for one acting pro se has
no license to . . . clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.”). Since the correspondence is improper and does not clearly request any relief, the Court will take no
further action related to it. To the extent that Proman seeks any relief or other action from the Court, she remains free to request it through a properly presented and filed motion. To ensure a complete record is
preserved, the Court attaches the correspondence received, in its entirety, as Exhibit A to this Order. In its attempt to discern the purpose of Proman’s correspondence,
the Court reviewed the Complaint she filed. See doc. 1. That review revealed significant defects. Proman’s Complaint is presented, in part, on a form. See, e.g., doc. 1 at 1. In response to the form’s prompt’s
Proman has identified herself and Glenn J. Proman as the plaintiffs. Id. She invokes this Court’s federal question jurisdiction, asserting that her claims arise under the Constitution’s First, Fourth, Fifth, and Sixth Amendments. See id. at 2. Her list of constitutional provisions concludes with the otherwise unexplained notation “commit murder.” Id. Her
identification of the defendants is somewhat less clear, but the Clerk identified no fewer than eighteen. See generally docket. Rather than
assert the factual bases of her claim or claims, Proman simply incorporates “attachments,” doc. 1 at 3, which the Court construes as a reference to the approximately 275 pages on the docket, see docs. 1, 1-1,
1-2, 1-3 & 1-4. Similarly, her request for relief incorporates the attachments. See doc. 1 at 3. The Complaint is signed only by Doris Proman. See id. at 4.
The first defect in the Complaint is that it purports to assert claims on behalf of Glenn J. Proman but is not signed by him or by any proper representative. Doris Proman has signed the Complaint “pro se.” Doc. 1
at 4. Although parties are authorized by statute to pursue cases pro se, that authorization is limited to “their own cases.” 28 U.S.C. § 1654. The Eleventh Circuit has explained that “[t]he provision appears to provide a
personal right that does not extend to the representation of the interests of others.” Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008); see also, e.g., Franklin v. Garden State Life Ins., 462 F. App’x 928, 930 (11th Cir. 2012) (“The right to appear pro se . . . is limited to those parties conducting ‘their own cases’ and does not apply to persons representing
the interests of others.” (citations omitted)). To the extent that Glenn Proman wishes to assert any claims in this case without an attorney, he
must sign pleadings himself. The second issue is that the Complaint, as currently presented, can only be characterized as what is “often disparagingly referred to as [a]
‘shotgun pleading.’” Weiland v. Palm Beach Cty. Sheriff’s Office, 792 F.3d 1313, 1320 (11th Cir. 2015). The Eleventh Circuit has engaged in a “thirty-year salvo of criticism aimed at shotgun pleadings, and there is
no ceasefire in sight.” Id. at 1321 & n.9 (collecting cases). The crux of the Court’s admonishment of shotgun pleadings is that they fail to adhere to pleading requirements designed to ensure that a defending party is
provided enough clarity to adequately respond. Cf. Fed. R. Civ. P. 8–11 (rules for civil pleadings before the Federal Courts). They typically present in four varieties: (1) a complaint containing multiple counts
where each count adopts the allegations of all preceding counts; (2) a complaint that is replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action; (3) a pleading that does not separate into a different count each cause of action or claim for relief; and (4) a pleading that asserts multiple claims against multiple
defendants without specifying which defendant allegedly committed which claim. Adams v. Huntsville Hosp., 819 Fed. App’x. 836, 838 (11th
Cir. 2020) (citing Weiland, 792 F.3d at 1321–23). To the extent that the Complaint’s claims are discernable at all, they fall into the third and fourth categories.1
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
DORIS PROMAN, and ) GLENN J. PROMAN, ) ) Plaintiffs, ) ) v. ) CV424-002 ) CAROL BACON MILLER, et al., ) ) Defendants. ) ORDER Pro se plaintiff Doris Proman has filed a pleading of an ambiguous nature. See generally doc. 1. She paid the filing fee, but there is no record that she has requested a summons directed to any defendant. See generally docket. On January 12, 2024, the undersigned received correspondence from Proman. The intent of that correspondence is unclear. To the extent that the correspondence is comprehensible, it refers to a “case.” See, e.g., Exhibit A at 3-4. The Court infers that this is a reference to the present case, as this is the only case she has pending, but the correspondence does not include any information that expressly indicates Proman intended it to be filed into the docket of this case, specifically. Nevertheless, the Court preserves a record of it on the docket, but for the reasons discussed below, the Court will take no further action related to it.
Correspondence addressed to judges is not a proper form to request relief or file documents in a case. See, e.g., In re Unsolicited Letters to
Federal Judges, 120 F. Supp. 2d 1073, 1074 (S.D. Ga. 2000) (“[I]f a litigant seeks judicial action of any sort . . ., it must be contained within a motion . . . . It cannot be requested in a personal letter to a judge.”).
Any request for relief of any description must be made by motion. See, e.g., Fed. R. Civ. P. 7(b)(1) (“A request for a court order must be made by motion,” in writing, stating “with particularity the grounds,” and stating
the relief sought). Even if the Court charitably construed Proman’s correspondence, see, e.g., Erickson v. Pardus, 551 U.S. 89, 94 (2007), it does not seek any relief the Court can discern, nor does it present any
apparent grounds for any relief. Proman is advised that disregard of the Court’s rules, including both the Federal Rules of Civil Procedure and the Local Rules, and filing of meritless documents may subject her to
sanctions, including dismissal of her case. Cf. Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (“[O]nce a pro se [in forma pauperis] litigant is in court, he is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure. These rules provide for sanctions for misconduct and for failure to comply with court orders.”);
see also Patterson v. Aiken, 841 F.2d 386, 387 (11th Cir. 1988) (“[P]ro se filings do not serve as an impenetrable shield, for one acting pro se has
no license to . . . clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.”). Since the correspondence is improper and does not clearly request any relief, the Court will take no
further action related to it. To the extent that Proman seeks any relief or other action from the Court, she remains free to request it through a properly presented and filed motion. To ensure a complete record is
preserved, the Court attaches the correspondence received, in its entirety, as Exhibit A to this Order. In its attempt to discern the purpose of Proman’s correspondence,
the Court reviewed the Complaint she filed. See doc. 1. That review revealed significant defects. Proman’s Complaint is presented, in part, on a form. See, e.g., doc. 1 at 1. In response to the form’s prompt’s
Proman has identified herself and Glenn J. Proman as the plaintiffs. Id. She invokes this Court’s federal question jurisdiction, asserting that her claims arise under the Constitution’s First, Fourth, Fifth, and Sixth Amendments. See id. at 2. Her list of constitutional provisions concludes with the otherwise unexplained notation “commit murder.” Id. Her
identification of the defendants is somewhat less clear, but the Clerk identified no fewer than eighteen. See generally docket. Rather than
assert the factual bases of her claim or claims, Proman simply incorporates “attachments,” doc. 1 at 3, which the Court construes as a reference to the approximately 275 pages on the docket, see docs. 1, 1-1,
1-2, 1-3 & 1-4. Similarly, her request for relief incorporates the attachments. See doc. 1 at 3. The Complaint is signed only by Doris Proman. See id. at 4.
The first defect in the Complaint is that it purports to assert claims on behalf of Glenn J. Proman but is not signed by him or by any proper representative. Doris Proman has signed the Complaint “pro se.” Doc. 1
at 4. Although parties are authorized by statute to pursue cases pro se, that authorization is limited to “their own cases.” 28 U.S.C. § 1654. The Eleventh Circuit has explained that “[t]he provision appears to provide a
personal right that does not extend to the representation of the interests of others.” Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008); see also, e.g., Franklin v. Garden State Life Ins., 462 F. App’x 928, 930 (11th Cir. 2012) (“The right to appear pro se . . . is limited to those parties conducting ‘their own cases’ and does not apply to persons representing
the interests of others.” (citations omitted)). To the extent that Glenn Proman wishes to assert any claims in this case without an attorney, he
must sign pleadings himself. The second issue is that the Complaint, as currently presented, can only be characterized as what is “often disparagingly referred to as [a]
‘shotgun pleading.’” Weiland v. Palm Beach Cty. Sheriff’s Office, 792 F.3d 1313, 1320 (11th Cir. 2015). The Eleventh Circuit has engaged in a “thirty-year salvo of criticism aimed at shotgun pleadings, and there is
no ceasefire in sight.” Id. at 1321 & n.9 (collecting cases). The crux of the Court’s admonishment of shotgun pleadings is that they fail to adhere to pleading requirements designed to ensure that a defending party is
provided enough clarity to adequately respond. Cf. Fed. R. Civ. P. 8–11 (rules for civil pleadings before the Federal Courts). They typically present in four varieties: (1) a complaint containing multiple counts
where each count adopts the allegations of all preceding counts; (2) a complaint that is replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action; (3) a pleading that does not separate into a different count each cause of action or claim for relief; and (4) a pleading that asserts multiple claims against multiple
defendants without specifying which defendant allegedly committed which claim. Adams v. Huntsville Hosp., 819 Fed. App’x. 836, 838 (11th
Cir. 2020) (citing Weiland, 792 F.3d at 1321–23). To the extent that the Complaint’s claims are discernable at all, they fall into the third and fourth categories.1
“A district court has the ‘inherent authority to control its docket and ensure the prompt resolution of lawsuits,’ which includes the ability to dismiss a complaint on shotgun pleading grounds.” Vibe Micro, Inc. v.
Shabanets, 878 F.3d 1291, 1295 (11th Cir. 2018) (quoting Weiland, 792 F.3d at 1320). Before doing so, plaintiffs are entitled to a single opportunity to amend their pleadings in order to better present their
claims. See id. at 1296. Therefore, Proman is DIRECTED to file an
1 The Complaint’s failure to allege any facts at all also renders it frivolous. The Supreme Court has explained that “a complaint . . . is frivolous when it lacks an arguable basis in either law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). Since the Complaint, as discussed above, does not include any factual allegations, invoke any discernable legal framework in support of relief, or, indeed, claim any particular relief, it clearly “lacks an arguable basis” in both law and fact. The Complaint might, therefore, be dismissed sua sponte. See Fitzgerald v. First E. Seventh Street Tenants Corp., 221 F.3d 362, 264 (11th Cir. 2000) (holding “district courts may dismiss a frivolous complaint sua sponte even when the plaintiff has paid the required filing fee . . . .”). Amended Complaint by February 9, 2024. The Amended Complaint must comply with the requirements of Federal Rules of Civil Procedure
8–11, which, inter alia, requires short and plain statements.2 The pleading must specifically identify each claim asserted, the facts
supporting each specific claim, and the defendants against whom those particular claims are asserted. Glenn Proman must sign it to assert claims and to be considered a plaintiff, and Doris Proman may not
proceed pro se on his behalf. The Amended Complaint must also include a statement of the basis for the Court’s jurisdiction, a recitation of all material facts, and a prayer for monetary, declaratory, or injunctive
relief. The Amended Complaint will supersede the current Complaint and should reassert all claims against all named defendants. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n. 1 (11th
Cir. 1999) (“An amended complaint supersedes an original complaint”); Varnes v. Local 91, Glass Bottle Blowers Ass’n of U.S. & Canada, 647 F. 2d 1365, 1370 n. 6 (11th Cir. 1982) (“As a general rule, an amended
complaint supersedes and replaces the original complaint unless the
2 A copy of the Federal Rules of Civil Procedure is available on the federal judiciary website at https://www.uscourts.gov/rules-policies/current-rules-practice- procedure/federal-rules-civil-procedure. amendment specifically refers to or adopts the earlier pleading.”). The Clerk is DIRECTED to send her blank copies of Form Pro Se 1 (Complaint for a Civil Case) and Form Pro Se 15 (Complaint for Violation of Civil Rights (Non-Prisoner)). Proman is advised that failure to submit her amendment timely may result in dismissal for failure to obey a court order or failure to prosecute. See, e.g., Fed. R. Civ. P. 41(b). SO ORDERED, this 19th day of January, 2024. bg~Z. CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
EXHIBIT A IN THE MAGISTRATE COURT OF BRYAN COUNTY STATE OF GEORGIA Action No.: 2023-307CD tos — re Filed tn T submitted Proman Hill LLC ere. EXCeP led, only Some W mithe , 9 a leoed \fonw \na ve □□ padoolc Rebecca Or Lily 7 my sister ie IO" Ban ects and Glenn Proman 7! Ves - . (> duvet ly Cr 3} a □ □□ Proman Hill Road a Lee Whe dain (kt meed wat Kyow 32 | . Hill, GA 31324 e | atte \ Ye Sony when he Sew the □□□□□□ ALS a ORDER AND JUDGMENT \° col Bocor willer- The above-styled case having regularly come on before the Court, Defendant(s) having filed an answer appeared, and the Court having heard and considered evidence, pleadings, and testimony, finds that the isfare entitled to a Writ of Possession and a judgment against the Defendant(s), in the amount of plus $92.00 in court costs. | includes 93/00 in order for Defendant(s) to file a petition for review, ot this Order and Judgment, Defendant(s) be required to pay into the Registry of the Couri$3,285.8Mwhich is ali sums found by this Court to due for rent in order for Defendant(s) to remain in possession of the premises. Moreover, in the event a petition for review is filed by Defendant(s), until such review/appeal is determined, Defendant(s} shall pay into the Registry of the Court $543.43 on the first (1*') day of calendar month, beginning the calendar month immediately following the date of this Order, to 0.0.G.A. § 44-7-54, which payments shall be made by cash or cashier’s check on or before p.m. on the dates set forth herein, time being of the essence. In the event there is a failure to make of the payments set forth herein, Plaintiff shall be entitled to and granted a Writ of Possession without notice or further Order of this Court, WRIT OF POSSESSION The Sheriff of the Superior Court of Bryan County and to his lawful deputies and to all and singular/the aw enforcement officers of the State or their lawful deputies; and to all lawful Constables of said State: Whereas Plaintifi(s) has/have lately, in our Magistrate Court for said County, by the judgment of said been adjudged entitled to recover of Defendant(s) above named, possession of certain premises situated the above-named address which premises have been and are still unjustly, as it is adjudged in said Court, from Plaintiff(s) by Defendant(s). THEREFORE, WE COMMAND YOU, that without delay, you deliver to the Plaintiff(s) full and quiet of the said premises so recovered with the appurtenances: This 4" day of January 2024, ee LY LY □□□ oooh Judge Garolyn/D. Bhervette-Montgomery istrate Court of Bryan County effective as of January 11, 2024 at 5:60 pm Requested
WRIT SHALL AUTOMATICALLY EXPIRE IF NOT EXECUTED WITHIN 30 DAYS AFTER THE EFFECTIVE DATE. ANY PARTY MAY REQUEST EXTENSION OF THIS WRIT BY FILING A REQUEST WITH THE COURT AND SERVING A COPY UPON ALL OTHER PARTIES, WHEREUPON MATTER SHALL BE SET FOR A HEARING,
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Secretary of State Corporations Division th □□ 313 West Tower IS iSa Keen > Martin Luther King, Jr. Dr. ft oe Atlanta, Georgia 30334-1530 □ behold? The wo Tn Shees fs Hine □
CERTIFICATE OF ORGANIZATION
I, Brad Raffensperger, the Secretary of State and the Corporation Commissioner of the State of Georgia, hereby certify under the seal of my office that
67 Proman Hill, LLC □ a Domestic Limited Liability Company
has been duly organized under the laws of the State of Georgia on 02/21/2022 by the filing of articles of organization in the Office of the Secretary of State and by the paying of fees as provided by Title 14 of the Official Code of Georgia Annotated.
— a Seeyetory □ L. seoke w in Bn A . Ln SAN eae oll ow~ < ONL ON we:
_ WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on 02/23/2022.
PREG Rs Qe OG Ss 5% a ea Zo-nsk % al Vine □ Brad Raffensperger 716 Secretary of State
ARTICLES OF ORGANIZATION *Electronically Filed* _ Secretary of State Filing Date: 2/21/2022 1:11:38 PM
CONNOUN = BUSINESS NAME 67 Proman Hill, LLC BUSINESS TYPE Domestic Limited Liability Company EFFECTIVE DATE 02/21/2022
ADDRESS " 144 Old Mill Creek Road, Ellabell, GA,31308, USA
ADDRESS □□□□□□□□□□□□□□□□□□□□□□□□□ COUNTY Carol Bacon Miller 440 W. Bacon St, P.O. Box 796, Pembroke, GA, 31321, USA Bryan
Michael Minard ORGANIZER, 140 Old Mill Creek Rd, PO Box 629, Ellabell, GA, 31308, USA
The Company shall be operated and governed by a Manager. Michael Minard is the initial Manager of the Company. The sole member of the Company.is.Michael Minard.
AUTHORIZER SIGNATURE Carol Bacon Miler =tsti“‘i‘s™s™SSSSS AUTHORIZER TITLE Attorney In Fact
en S
Control Number : 22040803
Secretary of State Corporations Division □ 313 West Tower 4 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530
CERTIFICATE OF REINST ATEMENT
I, Brad Raffensperger, the Secretary of State and the Corporation Commissioner of the State of Georgia, hereby certify under the seal of my office that 67 Proman Hili, LLC q Domestic Limited Liability Company was formed on 02/21/2022, and later administratively dissolved on 09/08/2023. Said entity has filed an application for reinstatement and has paid all fees and penalties due to the Secretary of State. Attached hereto is a true and correct copy of said application. WHEREFORE, said entity is hereby reinstated as of 10/04/2023, having met the requirements for reinstatement under Title 14 of the Official Code of Georgia Annotated. The reinstatement shall relate back io and take effect as of the date of the administrative dissolution and the entity may resume its business as if the administrative dissolution had never occurred. Lave ayaredve OY UIs This is a\ OY ve dnihs eer> ye
WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on 10/12/2023.
fa gem Bet □□ ‘ . □□□ Bek Ragone fk. a ae ‘ ty A SUES Brad Raffensperge! mw... □ □ kG,
Secretary of State — Corporations Division 313 West Tower 2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 Application for Reinstatement *Electronically Filed* Secretary of State Filing Date: 10/4/2023 4:43:20 PM
BUSINESS NAME : 67 Proman Hill, LLC CONTROL NUMBER : 22040803 BUSINESS TYPE : Domestic Limited Liability Cempany ADMININSTRATIVE DISSOLUTION DATE > 09/08/2023 Ground(s) for the administrative dissolution either did not exist or have been eliminated, All taxes owed by the entity have been paid.
PRINCIPAL OFFICE ADDRESS : 8435 U.S, Hwy 280, Ellabell, GA, 31308, USA REGISTERED AGENT NAME : Carol Bacon Miller REGISTERED OFFICE ADDRESS ; 440 W. Bacon St, P.O, Box 796, Pembroke, GA, 31321, USA REGISTERED OFFICE COUNTY : Bryan
PRINCIPAL OFFICE ADDRESS: 41 N, College St, PEMBROKE, GA, 31321, USA REGISTERED AGENT NAME ~: Carol Bacon Miller REGISTERED OFFICE ADDRESS : 1908. College St., P.O, Box 796, Pembroke, GA, 31321, USA REGISTERED OFFICE COUNTY > Bryan
AUTHORIZER SIGNATURE : Carol Bacon Miller AUTHORIZER TITLE : Registered Agent
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IN THE MAGISTRATE COURT OF BRYAN COUNTY nak STATE OF GEORGIA oo □□□□□ □□ _ 67 PROMAN HILL LLC } co □□□ PO BOX 1090 } □□ □□□□ □□□□□□□ LUDOWICI GA 31316 } } v. } CASE NO: 2023-324CD } DORIS PROMAN } GLENN PROMAN } 9664 FORD AVE UNIT 2386 } RICHMOND HILL GA 31324 } .
NOTICE OF HEARING © Notice is hereby given that the above styled case will be brought for HEARING in the Magistrate Court on the 4" day of JANUARY, 2024 at 10:00 AM. Your hearing will be held at the BRYAN COUNTY ADMINISTRATIVE COMPLEX located at 66 CPT MATTHEW FREEMAN DR, RM 225, RICHMOND HILL, GA 31324. You will receive no further notice. If you wish to be represented by an attorney, please have him/her file a Notice of Appearance prior to the hearing, yyventie ang Proper attire is required!! No shorts, cutoffs, tank tops, halter“4pps, t-shirts, hats or bare feet will be allowed in the Court room,.S° % & This 18" day of December, 2023 OFF if Gry ci ° 3 NW 4 Clerk/Deputy Clerk □□ 6. □ "bes NO ot} County, oe PLEASE APPEAR AT YOUR APPOINTED TIME, IF YOU ARE NOT PRESENT AT YOUR APPOINTED TIME, YOUR CASE WILL BE HEARD & DECIDED ON IN YOUR ABSENCE,
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1230 Peachtree Street N.E, Suite 2700 Allanta, GA 30309-3534 Tel 404.443.5500 Fax 404.443.5599 Www. meguirewoods,.com _ Paul A. Direct: 404.443.5636 McGUIREWOODS Progers □□□□□□□□□□□□□□□
February 7, 2018
BY CERTIFIED MAIL NO, 70122920000165202311 RETURN RECEIPT REQUESTED Mr. Glenn J, Proman □□ Ex Sehvee ) □ \ 67 Proman Hill Road Cr Richmond, GA 31324
Re: Correspondence received on January 23, 2018 Loan No, Xxxxxx6520 CFPB Case No. 180123-2800097 Dear Mr. Proman: Thank you for taking the time to submit an inquiry to us. We are writing to inform you that Caliber Home Loans, Inc. (“Caliber”) has received your complaint (“CFPB Complaint’) regarding the above referenced loan, which was forwarded on your behalf from the Consumer Financial Protection Bureau (the “CFPB”). Your complaint has been assigned a service request number which is listed above. Caliber also referred any further action involving this matter to its outside legal counsel. It is in that capacity that I now respond substantively to the CFPB Complaint, Summary of Research Based on Caliber’s initial review of its records identified in response to the CFPB Complaint, it appears that you entered into a mortgage loan transaction (the “Loan”) regarding a parcel of residential property owned located at: 67 Proman Hill Road, Richmond Hill, Georgia 31324 (the “Property”), On July 26, 2004, you executed a note in favor of your origina! lender, Beneficial Mortgage Co, of Georgia (“Beneficial”), in the principal amount of $53,548.45 (the “Note”). In connection with the Note, you executed a security deed (“Security Deed”) dated July 26, 2004, in favor of Beneficial, and its successors and assigns. The Security Deed was recorded with the Clerk of Superior Court Bryan County, Georgia, Deed Book 443, Page 547. On or about July 30, 2014, Beneficial, care of Caliber, assigned (“Assignment”) the Security Deed to U.S. Bank Atlanta | Austin { Baltimore | Brussels | Charlotte | Charlottesvifle | Chicago { Dailas { Houston □ jacksonvilie | London | Los Angeles New Yark } Norfolk | Pittsburgh | Raleigt: | Richmond } Tysons Corner j Washington, D.C. | Wilmington
February 7, 2018 Page 2
Trust, N.A. (“U.S, Bank”). The Assignment was recorded with the Clerk of Superior Court Bryan County, Georgia, Deed Book 1143, Page 471. On June 13, 2014, Caliber sent you a letter advising among other things that Caliber had “acquired servicing of your mortgage loan” and advised that the Beneficial had stopped receiving your mortgage payments after May 31, 2014, and Caliber would collect your payments going forward (“Notice of Transfer 1”). On July 12, 2014, Caliber sent you a certified letter advising among other things that the Loan was in default and that the “sum of $4,191.20 is owed and must be paid no later than August 16, 2014 to bring the account current. Failure to cure the default on or before August 16, 2014, may result in acceleration of the sums secured and the foreclosure and sale of the property.” (“Notice of Default 1”), On October 15, 2014, Caliber on behalf of U.S. Bank, sent you a letter advising among other things that the Loan was in default in the amount of $3,446.32, and that you must cure the default on or before November 19, 2014, and that that failure to cure the default may result in the acceleration of the sums secured and the foreclosure and sale of the property. (“Notice of Default 2”). On April 9, 2015, Caliber sent you a letter advising among other things that Select Portfolio Servicing (“SPS”) had acquired servicing of your mortgage Loan and that Caliber had stopped receiving your mortgage payments after April 30, 2015, and SPS would collect your payments going forward (“Notice of Transfer 2”). Then, on May 23, 2016, SPS sent you a letter advising among other things that as of June 15, 2016, Caliber had reacquired servicing of your mortgage Loan and that SPS had stopped receiving your mortgage payments after June 14, 2016 (“Notice of Transfer 3”), The Notice of Transfer 3 also advised that “If you have any questions regarding this account. . . please contact Caliber,” and Caliber would collect your payments going forward. As a result of the default of your Loan and Security Deed, Caliber, as servicer for U.S. Bank, accelerated the debt owed and initiated non-judicial foreclosure proceedings against the Property through the law firm of Albertelli Law (“Albertelli”). Albertelli, on behalf of Caliber and U.S. Bank, sent you a letter dated November 9, 2016, advising among other things that your Loan had been referred to foreclosure (the “Foreclosure Referral”). Also on November 9, 2016, Albertelli, on behalf of Caliber and U.S. Bank, sent you a letter pursuant to the Fair Debt Collection Practices Act (““FDCPA”), 15 U.S.C. §8 1692, et seg., (the “FDCPA Letter”) advising among other things that you owed the amount of $29,998.58, plus reasonable attorneys’ fees and costs under the Loan, and that you had thirty (30) days to dispute the debt. On December 1, 2016, Albertelli sent certified mail correspondence and U.S. Mail correspondence to you that indicated that the full balance of the Loan had been accelerated, and advised that the Property was scheduled for a non-judicial foreclosure sale on January 3, 2017 (the “Notice of Foreclosure”). Caliber, as servicer, had published a Notice of Sale Under Power in the Bryan County News (being the official organ for publication of legal advertisements in Bryan County, Georgia, Publication Dates: 12/8/16, 12/15/17, 12/22/17 and 12/29/16) advising of your default of non- payment under the terms of the Note and Security Deed. You did not cure the default on the Loan and Security Deed, and did not pay the amount to bring the Loan current or to avoid the Loan from being accelerated pursuant to the terms of the Security Deed and Loan.
February 7, 2018 Page 3
On January 3, 2017, pursuant to the power of sale provisions contained in the Security Deed, the Property was foreclosed upon by U.S. Bank. The Property was purchased by Sinkhole, LLC (“Sinkhole”) as the highest bidder at the foreclosure sale in the amount of $53,548.45. The foreclosure sale was made a matter of public record by the filing of a certain Deed Under Power (the “Deed Under Power”) recorded on January 25, 2017, at Deed Book 1252, Page 805, in the Bryan County, Georgia real property records. On March 1, 2017, Sinkhole filed a dispossessory action in the Magistrate Court of Bryan County, Georgia, Civil Action No. 2017-51CD, because you continue to reside at the Property, On March 30, 2017, you filed an Answer to Sinkhole’s dispossessory action, and the matter was transferred to the Superior Court of Bryan County, Georgia. Thereafter, Sinkhole filed a Motion for Immediate Payment of Rent seeking to compel you to pay rent because you have failed to vacate the Property, Before any order requiring you to tender rent payments into the Court Registry was entered, you filed a Chapter 13 Bankruptcy Case, On June 2, 2017, you filed a voluntary petition for relief under Chapter 13 of Title 11 of the United States Code (the “Petition Date”). On your Schedule A and Schedule D, you list an ownership in the Property with a value of $29,680.00 subject to a security interest in the amount of $11,000,00 in favor of Caliber, On October 17, 2017, through counsel, you filed an Adversary Proceeding, which failed to specify and enumerate any claims, but appeared to seek to set aside the foreclosure, and asserting many of the same allegations in the CFPB Complaint. Specifically, you have raised in the CFPB Complaint that Caliber lost your mortgage payments, or failed to properly apply your payments to the Loan. However, as noted herein below, all of the payments you made were appropriately credited to your Loan account. In addition, as noted in the enclosed Motion to Dismiss, you have repeatedly failed to make you Loan payments. On November 20, 2017, Caliber filed a Motion to Dismiss the Adversary Proceeding. In response, on January 9, 2018, your attorney filed a Voluntary Dismissal of the Adversary Proceeding, We have addressed all of your issues raised in the CFPB Complaint in the Motion to Dismiss the Lawsuit, We have enclosed a filed copy of the Motion to Dismiss the Lawsuit for your reference. Aiso, in your CFPB Complaint, you indicate that you felt harassed by inspections of your property. Caliber’s intention in conducting exterior inspections of a property is not to harass a borrower, but only to ensure the property is occupied, not abandoned, and in good and safe condition. Pursuant to Paragraph Eight of the Security Deed executed by you in connection with this Loan, Caliber and its agent were authorized to inspect the property for various reasons, including when your Loan was in default and when the property was vacant. A copy of your Security Deed is attached to the enclosed Motion to Dismiss. Finally, in your CFPB Complaint, you raise multiple concerns regarding Caliber’s accounting for payments on your Loan. Specifically, you assert that Caliber improperly credited your payments, and misapplied payments. However, according to the accounting for the Loan, as well as our other ioan records, and Exhibits attached to Caliber’s Motion to Dismiss, reflect that all payments made by you were appropriately credited to your Loan account, We trust that this resolves the issues identified in your CFPB Complaint,
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CAROL BACON MILLER, P.c. nn AORNEY aT DAW CAROL BACON MILLER (912) 653-4040 P.O. BOX 796 FAX: (912) 6534041 PEMBROKE, GEORGIA 31321 carol@carolbaconmiller-law.com May 17, 2018 Mr. Cameron C. Kulhiman Duffy & Feemster P.O. Box 10444 Savannah, GA 31412 Re: Sinkhole, LLC vs. Glenn Proman, Case No. 2017-V-145, i ee A TAL) Superior Court of Bryan County Dear Cameron: Since we were in Court on April 17, 2018, | have discussed this matter with my clients on Séveral occasions. Sinkhole is still willing to sell the Property to the Promans for the sum of $35,000.00, They will not accept lesser offer. | believe when we last Spoke that your clients were not able to pay $35,000, but that | would Consult with my clients about their willingness to accept less cash up frent. In the spirit of cooperation, we are willing to extend this offer through June 15, 2018. During that time, | hope that the Promans can make arrangements to compiete this purchase. i will of course take any counter-offers to my clients, but they seem firm on the $35,000 amount, On a related issue, the sum of $5,434.75 was disbursed by the Clerk of Superior Court to Sinkhole. If YOU add this up, | believe you will agree that 2 monthly payments are missing. If these payments have not been made, the Promans are already in default of the Dankruptey order. Please determine if their Position is that they have made these payments to the Clerk. Additionally, they are to make Payments directly to Sinkhoie. They paid another payment to the Clerk this month. Please make sure they understand to send any other payments (i.e., the June 1 payment) directly to Sinkhoie. if they prefer, they can send it to me to be delivered to my client. Therefore, to give your clents anotner few weeks io make airangemenis io purchase the Property, we will extend our offer to June 15. Therefore, as of June 18, 2018, we will feef free to Proceed with action in bankruptcy court to litt the stay and proceed with the Superior Court dispossessory action. | look forward to hearing from You soon, Thanks again, Sincerely,
CAROL BACON MILLER, P.c. CBM/
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Magistrate Court of Bryan County Filed In Clerk’s Office P O Box 670 TIME. ced Pembroke, Georgia 31321 ° (912) 653-3860 MAR 24 202 APPLICATION YOR AN ARREST WARRANT Peeeertaite® BRYAN COUNTY, GEORGIA Bryan County Georgla Date: 03 □□□ Or cRN: 2C/7—V~/ Name of person committing offense: DOB. Race WwW Age Sex | Height Weight Eyes Hair ___— Scars of tattoos Social Security Number Driver’s License Number (MUST HAVE A VALID MAILING ADDRESS FOR OFFENDER) Street Address _ wid wd Caron 8 DING Band Greek Chore P.O. Box Telephone Number City ELC a bre. {l County State ( 7a Zip 3S
Vehicle driven by offender Tag number Date that this occurred Time Where this occurred GT] Veo Man AAV \\ Comd ___ Witnesses to this offense OR witnesses that have knowledge of the offense of offender: NAME ADDRESS (Include City and State. SSN# & telephone # PC) . oe x a3 SG Glenn Croman Bvclhmond “A Zo 13au FO. Bor Qe Wer gy (rownan oe VWmond ba Co . BBQ
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"BRIEFLY describe what offender did: “Lhave. leer Wr ling oY (nov rege py ments to Sinkdlele LU months a f.O, ox CGAY loelkeCreek Ga SiBOX, the A\So LIAS ie In PMeney Overy War arid Knew! about } US of AVI Ne LA (ANCE. @} heme... te. tp d coh) le. backs he orkedl toy Ca gol hs. [4 [ lex. an of Ls actins Oth f Propvet ned ome, L haw pee □□□□ lor on lend dtinle- a he. Khe TT fpwad na in NANCE en ray home— fhe Wetwere. Summans with oN ewredion narree—, Oe ee et (MUST LIST WHAT YOU WANT THE WARRANT FOR) . —- OY OFFENSE FOR WARRANT. ““Wret TheS) By Deceprlian Your Name: Genny ond “\ bis {remo MAILING Address: 0.0, Box QS EG Apartment # City: Kalmond iW State Ga Zip 3) 3aY Home Phone “\2.- 3a.| - BA | Work/Cell Phone. ™ The information given in this application is true to the best of my knowledge. [ understand that a copy of this application may be delivered to law enforcement officials to assist in their investigation, Oo Orce \ WOH AFFIANT
Probable cause to issue warrant: YES NO CIVIL Warrant Number: Charge _ Warrant Number: Charge
Magistrate Judge, Bryan County, Georgia
i t C magistrate Cour of Bryan County Fad in Cletk’s □□□□□ Pembroke, Georgia 31321 TAME alent □□ (912) 653-3860 . MAR 2.1 nk? APPLICATION FOR AN ARREST WARRANT ~ Fiebeooa G. Crowe BRYAN COUNTY, GEORGIA y WS By la . OLI-W~ 1FS Date: O -2on CRN: 20!
Name of person. comunitting offense: Care Bacen Kh I DOB. Race y\/__ Age Sex □ □□ Height Weight . Eyes Hair —s_sSearsortattoos— Social Security Number Driver’s License Number (MUST HAVE A VALID MAILING ADDRESS FOR OFFENDER) Street Address P.O. Box / g L Telephone Number City Em broke County __ State Ga Zip BIZ Vehicle driven by offender Tag number Date that this occurred Time Where this occurred Coonan ANA Coad Witnesses to this offense OR witnesses that have knowledge of the offense of offender: NAME ADDRESS (Include City and State. SSN# & telephone #) C Ra “Box D2&6 Glenn (Coman sdamant HW GA 3132 □ R QQ Be 23%; au □□ as com ac ® "4 ‘\ Co ‘Alo ! : ed Re pordk Ns MO Coe : “By Yon Coons nerd “Ve ae ,
BRIEFLY describe what offender did: of Jud gS Ress ws resi led in his Cour □□□ \d Tne Nene on use my \neme_jnSuran¢ awas—built=inte pty moctags payments. Thad Use We □ thle. clean al VY Noose URN mM Ott fag Werl —throve ne Ceramjiz- files a T ot def □□□ leg_ouct: JA} to See ne brother —in- aw worl Come aud ge: eC out aft tne botte | OOL pane Aicely Key, (Py We, €. COW. Lae □□ Sneacl& department and old Wrredk howe ened , Leale miler in: oat of & Shen □□ TAAd \ner yinreds \now ned □□□□□ \eld = A have ”AS ame —_YnSurmnae— . cust on'Fonder ups Yee ewe A SUMMEHAS Coe Teter. 1 om □ eard cb WHAT YOU WANT THE W MR. ee chen en Speake OFFENSE FOR WARRANT Thet-+}. by Bece pki an Your Name; G lenn and‘ \ Yor(!s (coman MAILING Address: COrek Ox Apartment # City: ve mone (i, State Gia . Zip “3 | 32 Y Home Phone - BU-S9 |___Work/Cel! Phone ._ ———— The information given in this application is true to the best of my knowledge. I understand that a copy of this application may be delivered to law enforcement officials to assist in their investigation. oezn TES wma AFFIANT Probable cause to issue warrant: YES NO CIVIL Warrant Number: Charge _ Warrant Number: Charge
te Fo Vepartment of Justice Southern District of Georgia a Post Office Box8970 =o a oy A wag Savannah, GA eee Sage 34 Phone: (888) 624-15 ona Fax: (912) 652-4805 Apri 22, 2018 Doris Proman . PO BOX 2386 RICHMOND HILL, GA 31324-2386
Re: United States v. Deiendani(s) Edison DeJesus Garcia Arpon Case Number 2018R00674 and Court Docket Number 18-CR-90053 Dear Doris Proman: The enclosed information is provided by the Linited States Department of vustice Victim Notification System (VNS). As a victim witness protessionai, my roie is to assist you with information and services during the prosecution of this case. | am contacting you because you were identified by law enforcement as a victim or potential victim during the investigation of the above criminal case. On April 19, 2018, defencant Edison DeJesus Garcia Arpon pied guilty to the charges iisted below. Any remaining counts will be disposed of at the time of sentencing. As a result of the gulity plea, there wil! be no involving this defendant. : Number of Description of Charge(s) Disposition Charges 1 Theft or receipt of stoien mail matter generaily □□□□□□ Cn or about Ocicber 1, 2018, the defendant was in possession of mail which had been Stolen from a letter box that was an authorized depository for mait, itis helpful for the Court to Know the impact of this crime on as victims. In an effort to provide this information to the Court, we are enclosing @ Victim Impact Statement. i you choose to complete a statement, please forward it to: United States Attomeys Office Southem District of Georgia Post Office Box 8970 Savannah, GA 31412 □ This is one way the Court can Near your concerns as they reiate io the crime. A United States Probation Officer may also contact you in an effort to obtain additional victim impact information, Victim impact - information is generally not public information; however, under criminal law and procedures, ail information contained in your questionnaire wil be disclosed to the defendant ang his attomey. If you submit a victim impact statement please return te me no later than May 10, 2019, Through the Victim Notification System (VNS} we wii continue to provide you with updated scheduling and event information as the case proceeds through ihe criminai justice system. You may obtain current information about this case on the VNS website at https:/www.notify.usdoj.gov or from the VNS Cail Center at
ESE ONIN □□□□ □□□□□□ | IIE Dae UIST LIOR □ Program. For many VNS registrants email will provide the most timely notification. VNS does not currently have an address for you. You can Provide VNS an email address by accessing the VNS Intemet Web page using login information Provided below. By entering your email as part of the VNS registration process future notifications will be delivered by emai, except in rare circumstances when you might also recelve a letter VNS. in order to continue to receive notifications, it is your responsibility to keep your contact information current. You will use your Victim Identification Number (VIN) '5804568' ang Personal Identification Number (PIN} 3382’ anytime YOU contact the Call Center and the first time you log into VNS on the Website. If you are receiving notifications with multiple victim ID/PIN codés please contact the VNS Call Center, In addition, tt first time you access the VNS website, you will be Prompted to enter your last name (or business name) a currently contained in VNS. The name you should enter is Proman. Remember, VNS is an automated system and caANOt answer questions. if you have other questions □□□□□ involve this matter, piease contact this office at the number listed above, Sincerely, Bobby L. Christine United States Attorney ‘ Verne Campbeii Victin Witness Coordinator
a Sagan U.S. Department of Justice ee Southern District of Georgia Ee □ Post Office Box 8970 ee oy fp Savannah, GA 31412 St Phone: (888) 624-1523 ~ Fax: (812) 652-4805 September 06, 2019 Doris Proman - . me. PO BOX 2386 Neverr yecewed ~~ di — Richmond Hill, GA 31324-2386 dont nou uno +2 Cat A, eee ye my Resdiw one
Re: United States v. Defendani(s) Edison DeJesus Garcia Arpon Case Number 2018R00674 and Cour Docket Number 18-CR-00052 Qear Doris Proman: The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional, my role is to assist you with information and Services during the prosecution of this case. [ am contacting you because you were identified by jaw enforcement as a victim or potential victim during the investigation of the above criminal case, followin Edison DeJesus Garcia Arpon was Sentenced by the Court. The Court ordered the defendant to the Incarceration of g month(s} , Followed by Supervised Release of 3 year(s} Special Assessment of 3100.00, Througi ictim Notice us event infomenct Notification System (VNS) we will continue to Provide you with updated Scheduling and information ab sit ny the case proceeds through the criminal justice system. You May obtain current 1. 868-DOJ4YOU (Bees on the VNS website at https://www.nottfy,usdoj.gov or from the VNS Call Center at you may use the Call Center ne 4-888-228-4618) (International: 1-502-213-2767). In addition emet to contact Inf i “at □ Participation in the notification orogens Update your contact ‘mormation and/or change your decision about Form istrant Hh aaa ce ay address for ye egstrants email will provide the most timely notification, YNS does act currently have an email login information OU C&N Provide VNS an email address by accessing the VNS Internet Web Page using the notifications will wt ovided below. By &nitering your email as part of the VNS registration process future VNS. In order to contin □□ by email, except In rare circumstances when you might also receive a letter from current. © receive notifications, it is Your responsibility to keep your contact information USS your Victim ideniification Number (VI N) 5804868 ang Personal identification Number (PIN) nytime you contact the Call Center and the first time you log into VNS on the website. If you are ast fine notifications with multiple Victim ID/PIN codes piease contact the VNS Call Center. In addition, the e you access the VNS weosite, you will be prompted io enter your last name (or business name) as currently contained jn VNS. The name you should enter is Proman,
SCE tig affine atone HU@StIONS. iT you have other questions which MVOlve this matter, please contact this office at the number listed above, Sincerely, Bobby L. Christine United States Attomey \ re Ny . lvema Campbeii Victim Witness Coordinator
: ‘ itudion Explanation of Losses Subject to Restitution 4 itution itution Act of 1996 provides that you may be entities to an order of resti é for The Mandatory Restitution Act of 199% or proximate result of the commission of the offense | for certain losses suffered as direct BOX of losses for which the statute provides restitution which the defendant was convicted. ihe tyRES 1 these iosses in detail in the attached affidavit are explained below. You have the right to explain these losses form, ih the case of an offense resulting in damage 70 or loss ot destruction of property ofa victim of the offense, the court may order: the return of the Property to the owner of the property or someone Gesignated by the owner; or if retum of the property is impossible, impractical, or inadequate, the court may order Payment of an amount equal to the greater of -- the value of the property on the date of the damage, loss, or destruction, or the value of the Property on the date of sentencing, less the value (as of the date the Property is returned) of any part of the property that is retumed in the case of an offense resuiting in bodily injury to a victim, the court may order: payment of an amount &qual to the cost of Hecessary medical and releted professional services and devices Telating to the Physical, Psychiaitic, and psychological care, including nonmedical care and Reatment rendered M accordance with 2 method of healing recognized by the law of the place of mayne Payment of an amount equal to the cosi of lecessary physical and Occupational therapy such oan ton: aud reimbursement to the victim for income lost by such victim as ¢ result of In the case ofa □□ =o tin + 4 eat - 4 2 . . court may order peyrns® sau gx rocky MyUry that aiso results in the death of a victin, the amount equal to the Cost Of necessary funeral and related services In aay Case, the court imi: > ie Ray Order reimsn ite the victim sas tenes: . sPOttation, and other expenses i in fhe pee gest income and necessary child Prosecution of the offenses x Telate 0 the participation in the investigation □□□ OF attendance at proceedings related to the offense. ih any case If the view oD the victing (or if the victim je 4 tetim is dece the vion oe Sfeudant io mate Testitution in services 9, “StS estate) consents, the court may 1 ‘reap! . ae ices In Her of cee OF organization designated by the Victim or the estate (1¢ roe OF 1 make restitution toa ati □ U8 US.c. g 3663) Addition, the victin . 7 may at any time ase: ictirets . . Victims Fund in the Treastiny withoute MMe victinn's ‘nlerest in restitution Payments to the Make such payments C8 USC. g 3664) UY □□□ impairing the Obligation of the defendant * □ wy 77 If a Victim - fas eesived sepia. 2 . the . SOnlpensation fom ins = net . the come stall onder that Festitution be paid to meee OF aay prod With respect to a loss Peasation, but the restitution order ghaij 2 ow Brovided or ig obligated to provide the order be Paid to the victims bem. order Saal Provide that al} Testifution of Victims Téequired b (L8 Us.c 8 36 64) ~weeTe any restitution is Paid to such a provider of compensation”
United States v. Edison Dejesus Garcia Arpon . - Case No. 2:18CR00053-1 June 26, 2019 Page 2 change in your mailing address while restitution is still owed. This information will be maintained confidentially,
Cou Finally, if you are awarded restitution by the Court, you may request that the Clerk of the favor te he an Abstract of Judgment to you, certifying that a judgment has been entered in your nenn amount specified by the Court When the abstract is registered, recorded, docketed, the sn nad eaoance with sate law, it acts as a en upon the property of the defendant within Tceable in ty tha s : general jurisdiction, Sais iBanner aad to the same extent as @ judgment of @ court of In the event you hay 4 aa date, pj Ve additional questions and/or would lik nfinn ¢ □ Proftion Ose, 20, Bor 6 Bag HeOLO. You may ely by malo Cases □ or by emer B » Brunswick, GA 31521. v 'Y email to chatles_sikes@gas.uscourts. gov. viel. You may reply by fax to 912-280-1349 Sincerely,
Charts Bde “Charles Sieg U.S. Probation Officer Enclosures
\
Sar E} UNITED STATES PosTaL INSPECTION SERVICE : 2 OT I I I A A Miamt Division Case Number: 2689352-MT
September 30, 2019 Dear Postal Customer,
The U.S. Postal Inspection Service has completed its investigation involving the theft of US Mail first reported to you in October of 2018. Investigations can be a lengthy process, and we appreciate your patience while we conducted the thorough investigation into this thefi. The suspect was identified, arrested, convicted and sentenced for the theft of US Mail, □ The enclosed mail maiter is now being returned to you, in the condition that it was recovered, as it is no longer needed as evidence in the case. The US Postal inspection Service is committed to protecting the nation’s mail system from criminal misuse. Please accept our apology on behalf of the U. S. Postal Service for any inconvenience this may Nave caused.
Sincerely, Thomas Piumley U.S. Postal inspector Savannah Dornicile Enclosure
SAVANNAR DOMICILE SA CHATHAM CTR SouTH DA SavaNnan, GA 37405-1302 TELEPHONE: (877) 876-2455 Faxc (912) 232-6450 :
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\Slee tr? UNITED STATES BANKRUPTCY COURT Southern District of Georgia In the matter of: Glenn J, Proman and Doris Proman Chapter 13 Case No. 17-40815-EJC Debter(s) Glenn J. Proman Plaintiffs) vs Adversary Proceeding , No. 17-04042-EJC U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust Defendant(s)
NOTICE OF HEARING IN ADVERSARY PROCEEDING
NOTICE IS HEREBY GIVEN THAT: a hearing will be held in the above captioned adversary proceeding on the Motion to Dismiss Adversary Proceeding for Failure to State a Claim for Relief Filed by Defendant, U.S. Bank Trust, N.A. as Trustee for LSFS Master Participation Trust. January 25, 2018 , at 10:00 AM Bankruptey Courtroom Rm 228, U.S. Courthouse, 125 Bull St, Savannah, GA 31401
Lucinda Rauback, CLERK United States Bankruptcy Court 125 Bull St, Rm 213 P.O, Box 8347 Savannah, GA 31412 Dated December 28, 2017
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Hussain v Callber ae if Class-Settlement.com i 276280 FO Box 9009 eee Hicksville, NY 11802-900¢ 13144730 $20.01 9/19/2018
aden □□□ tele ffopeg haya 10 1333 “essere TTOALL FOR AADC 320 GLENN J PROMAN AND / OR DORIS PROMAN PO BOX 2386 RICHMOND HILL, GA 31324-2386
Ashfaq Hussain v, LSF9 Master Participation Trust, et.al. Case No, 2:16-cv-04038-SUF-AKT (E.D.N.Y,)} Dear Class Member: Enclosed please find a check which constitutes your portion of the class action settlement in Ashfaq Hussain LSF9 Master Participation Trust. et al.. This case alleged that letters were sent on behaif of LSF9, Caliber and U.S. Bank that violated the Fair Debt Collection Practices Act (“FDCPA”). We are sending you this check because you filed a valid claim after being notified of the settlement, Please be aware that this check will become void on December 18, 2018. We are unable to re-issue checks after that date, so please cash, deposit, or otherwise negotiate your check prior to December 18, 2018. If you have any questions, please call the Claims Administrator, Class-Settlement.com, at (877) 268-2976, Any requests fo verify your settlement check also should be directed to this number. Sincerely, Class-Settlement.com Claims Administrator
DATE CHECK NO. Hussain y Caliber Settement Fund STERLIN Class-Settle Bi sreauns ® Sept 19, 2018 276280 PO Boe 3008 Sat-com 50-7044/223 19 p Hicksville, NY 44802-9009 VOID AFTER DEC 18, 2018 GLENN J PROMAN AND /oOR DORIS PROMAN $20.01 TWENTY DOLLARS AND ONE CENT GLENN J PROMAN AND / OR DORIS PROMAN PO BOX 2386 . RIGHMOND HILL, GA 31324-2386 SSS SSS Hussain v Caliber Settioment ~~ AUTHORIZED SIGNATURE a a . aoe
tonite Debtor 1 Glenn J. Proman Secial Security number or TIN xxx-xx-5266 FirstName MiddleName Las! Name BIN; □ Debtor 2 Borls Proman Social Security number or [TIN xxx-xx-6397 (Spouse, if Hing} FirstName MiddleName — Last Name BIN o-oo United States Bankruptcy Court Southern District of Georgia Case number: 17-40615-EuC . . Order of Discharge 128 er rr SSS SSS pps SS OS, IT ORDERED: A discharge under 11 U.S.C. § 1328(a) is granted to: Glenn J. Proman Doris Proman I ha
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Edward J. Coleman IIt United States Bankruptcy Judge 125 Bult St, Rm 213 P.O. Box 8347 Savannah, GA 31442 Dated: 5/21/20 ee Explanation of Bankruptcy Discharge in a Chapter 13 Case This order does not close or dismiss the case. Most debts are discharged Most debts are covered by the discharge, but not all, Creditors cannot collect discharged debts Generally, a discharge removes the debtors' persona This order means that no one may make any attempt to liability for debts provided for by the chapter is plan. collect 4 discharged debt from the debtors personally, For In a case involving community property: Special rules creditors cannot sue, garnish wages, assert a protect certain community property owned by the debtor's deficiency, or otherwise try to collect from the debtors spouse, even if that spouse did not file a bankruptcy personally on discharged debts. Creditors cannot contact the case. debtors by mail, prone, or otherwise in any attempt to collect the debt personally. Creditors who violate this order can be required to pay debtors damages and attorney's fees. Some debts are not discharged . . Fxamples of debts that are not discharged are: However, a creditor with a lien may enforce a oaim against the debtors' property subject to that lien unless the lien was ; . avoided or eliminated For example, a creditor may have the + debts that are domestic support obligations; right to foreclose a home mortgage or repossess an automobile. . + debts for most student ioans; This order does not prevent debtors from paying any debt voluntarily. 11 U.S.C. § S24éf). ¢ debts for certain types of taxes specified in 14 U.S.C. §§ 507(a}(8){ C), 23{a}(1}(B), or 523(a}(1){C} to the extent not paid in full under the pian;
For more information, see page 2 Form 3180W Chapter 13 Discharge page 1
debts that the bankruptcy court has decided or witl + debts for restitution, or damages, awarded in a decide are not discharged in this bankruptcy case; civil action against the debtor as a Tesult of maticious or willful injury by the debtor that caused personas injury to an individual or the ¢ debts for restitution, or a criminal fine, included In a death of an Individual; and ‘ sentence on debtor's criminal conviction; ¢ debts for death or personal injury caused by + some debts which the debtors did not properly list; operating a vehicle while intoxicated.
¢ debts provided for under 14 U.S.C. § 1922(b)(5) In addition, this discharge does not stop creditors from and on which the last payment or other transfer is collecting from anyone else who is also liable on the due after the date on which the final payment under debt, such as an Insurance company oF & person who the plan was due; cosigned or guaranteed a loan.
¢ debts for certain consumer purchases made after the bankruptcy case was filed if obtaining the This information is only a general summary ofa trustee's prior approval of incurring the debt was chapter 13 discharge; some exceptions exist. practicable but was not obtained; Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case.
Form 3180W Chapter 13 Discharge page 2
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION IN RE: ) CASE NO. 17-40815-EJC ) GLENN J. PROMAN ) DORIS PROMAN, ) ) CHAPTER 13 Debtor. } ee ) GLENN J. PROMAN ) DORIS PROMAN ) ) Plaintiffs, ) ) VS. ) ADVERSARY PROCEEDING } NO. 17-04042-EJC U.S. BANK TRUST, N.A., as Trustee for ) LSF9 Master Participation Trust, ) ) Defendant. ) a
CERTIFICATE OF SERVICE 1 hereby certify that on November 20, 2017, I electronically filed the foregoing Defendant’s Motion To Dismiss with the Clerk of the Court using the CM/ECF System, which sent notification of such filing to the party listed below, and I served a true and correct copy of same via U.S. Mail First Class, postage pre-paid to:
Judson C, Hill, Esq. Post Office Box 8012 Savannah, Georgia 31412 Bankrupte astinhill net
EERIE Nt ATE EU Lereag L/i06:39 Page:l of 23
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION IN RE: ) CASE NO. 17-40815-EIC ) GLENN J, PROMAN ) DORIS PROMAN, ) ) CHAPTER 13 Debtor. ) eee ) GLENN J. PROMAN ) DORIS PROMAN ) ) Plaintiffs, ) ) Vs, ) ADVERSARY PROCEEDING ) NO. 17-04042-E}C U.S. BANK TRUST, N.A., as Trustee for ) LSF9 Master Participation Trust, ) ) Defendant. ) a) DEFENDANT’S MEMORANDUM OF LAW IN aT ES MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS’ COMPLAINT — a NN LESS PLAINTIFFS” COMPLAINT COMES NOW, Defendant U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (“U.S. Bank” or “Defendant”), by and through its undersigned counsel, and files this Memorandum of Law in Support of its Motion to Dismiss Plaintiffs’, Glenn J. Proman and Doris Proman (“Plaintiffs”) Complaint to Set Aside Foreclosure Sale (“Complaint” or “Compl.”), pursuant to Fed. R, Civ. P, 8(a) and 12(b)(1) and (6), as made applicable hereto by Fed, R. Bankr. P. 7008 and 7012(b). In support thereof, Defendant provides the following memorandum of points and authorities,
Bankruptcy Noticing Center 45479 Holiday Drive Sterling, VA 20166-9411
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□□ MT TOME TEES > OS 2S PO Box 44 Minneapolis MN 55440-0044 AOA EI yoo eRe SSS ere ee GLENN | PROMAN j / } de DORIS PROMAN . ACANG IH 2IASS (dwse ts PO BOX 2386 4 sect of Ze RICHMOND HILL GA 31324 we Wor)
Dear Class Member: This check represents your share in the Rickert v Caliber Settlement. All Class Members’ claims have been resolved as a resuit of thess Settlements, Your Settlement Award is the equivalent of 5%, 4.5% or 3% of the Net Premium charged to you during the Class Period for the LP} Policy January 1, 2014 through October 3 1, 2018), We cannot offer individual tax advice regarding this distribution, You must consult your tax advisor to cetermine what tax consequences, if any, there might be, Please note that this check will @xpire after { /27/20, PLEASE KEEP THis PAYMENT STUB FOR YOUR RECORDS Cheek Number Ciaim Number □ Description Amount 1781 0000000995 Rickert v Caliber Settlement : $23.79
ae tae tre eee, oe □□□ Sees) Ua aap eisai el ets) ET Te) aire Calne Ze) 15) ASIEOe ae ALi SS eas □□□□ □□□ □□□ & ge, SPS be BB ipsizmen ef & wSaiiiee Adtinistrator =a gS Ban ce aSs6 coNeer “Be □□□□ $3g Rust Consulting - 6328 .“. TO ACH □□□ sis NWN 5S440 0044 | Date |___Controf Number] Number □ □□□□□□ MB meee 10729772019: 000045656200 fe □□□□□□□ soe VOID AFTER 1/27/29. NOT VALID FOR AMOUNT OTHER THAN 23.79 Payee's signature required on back in order for this instrument to be valid, Twenty Three Dollars and Seventy Nine Cents yable to: GLENN J PROMAN AND DORIS PROMAN Yok Vk tras Nee — Ry eee es wos ATT RONNIE agora! "RTA ha EQ? J000S5uU5 age, we
c/o Rust Consulting - 6328 ~ PC Box 44 Minneapolis MN 55440-0044 AAO A A aoe oo 4 1 1006 - 1 eB Ts GLENN J PROMAN DORIS PROMAN PO BOX 2386 RICHMOND HILL GA 3 1324-2386
Dear Class Member: This check represents your share in the Rickert v Caliber Settlement. All Class Members’ ciaims have been resolved as a result of these Settlements. Your Settlement Award is the equivalent of 5%, 4.5% or 3% of the Net Premium charged to you during the Class Period for the LPI Policy (January 1, 2011 through October 31, 2018), We cannot offer individual tax advice regarding this distribution, You must consult your tax advisor to determine what tax consequences, if any, there might be. Please note that this check will expire after 1/27/20. PLEASE KEEP THis PAYMENT STUB FOR YOUR RECORDS Check Number Claim Number Description Amount 1671 0000000925 _ Rickert v Caliber Settlement $50.72
Sa Lees Mes RE cer TS EIS un been ate sieaes Saab syost □□□□ □□□□□□ □□□□ a Sale Bh Eciumen Re □□□ @ g Caliber Administrator = ue ; Bante a S354 co □□ gar □□ Rust Consulting - 6328 “ TOACH □□□□ MN 85440-0044 Control Number □□□□□□ 40/2972019 0000411006 1 □□□□□□ Oe VOID AFTER 4/27/20 □□ NOT VALID FOR AMOUNT OTHER THAN 50,72 Payee's signature required on back in order for this instrument to be valid, Fifty Dollars and Seventy Two Cents to: GLENN J PROMAN AND \ ND DORIS PROMAN Ck Se USE an SSeS SSS Lee STMT TET Tere □□ WEE? he BOPAIOOGSL ea story onn ee...
Zacontown Properties, LLC le LUC Rox vi . . ~ P.O. Box 629 & “This is ‘Sint yele LLC Ellabeli, GA 31308 AS Well,
m feed Lam . e(Ssn Als (Tis is She See (er he: □□□ Upton OM AD tne Woes Co¥y ? noi \ome- Je wed and IS Glenn Proman Ke pa YOKEA on dexing » P.O. Box 2386 Adis *S naire? Lun i: ow Account Statement Richmond Hill, GA 31324 - aebd o Cyd “y 1/26/2022 Wire amen yu * Account Statement - 502325R & (nis is ™y Number 502325R Date. ee ee ee ee nen RGPRBAS Due Date 2/1/2022 □□ Payment Received 1/4/2022
Late Fees Payment $543.43 Due A Late fee of $55.00 will be charged if payment is not received on or before the end of the 16 day grace period,
ON BODO. htus En 2 be ence cus te ite Erp tfice wncrt | ote cinececec lefaglenl ang eviction wil be □□□□□ Jo ZEB PUL TR MEt aTis Tavs teen Mece. Please make payment payable to: Bacontown Properties, LLC Questions about this DIN? Call 912-858-0102 Please Catach at his ine and terre the sotom POON mth your pay mane Make payment payable to; Bacontown Properties, LLC
Box 2386 . GA 31324 Please do not send cash. . Amount Enclosed sg, □□□□
Sue Date ALLE. Ho. Amount Bue Payment Voucher Acgdress Chargeo? Please enter your new mariing address below. Bacontown Properties, LL PO Box 629 i Mewagoresss Ellabell, GA 31308 | New Phone: f£ }
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Summary perenne □□□□□ AccountNumber P8-25475 ire Location Address 144 PROMANHILLRD a a □ Park Name bo a □□ Lot Number > 8 □ Tax County Unincorporated {District 03) ee Millage Rate 22.23 os Decal Year 06 ae secpo, feat Pod Number 2003 i ee Pesan Manas ae Oe, □□ Sie RR soca as Sou Se ROR ee □□ eee Seat ek gre ee □□□□ pe □□□□ ee tial erm mmaneine taes a □□□ ore aes ae Beiicanraicc: □□□□□□□□ cn —, | Sees ie Owner A 4 ol Wak PROMAN GLEN J Wwe an A \an PO BOX 2386 oO peer RICHMOND HILL, GA 31324 | deg Wave wd Improvement Information S e r . o Lp Manufacturer FLEETWOOD on ed Model WESTFIELD Year Built 1994 WidthxLength 16x74 Serial Number GAFLROFA30060W2 Condition Average Value $15,050- Purchase Price $0 Purchase Year Heat / Air Central HeatAC Bedrooms a FullBathrooms 2 . Bathrooms 6 Accessary Information Year Built Dimensions/Units Identical Units Value Vinyi Skirting 1994 0x0/429 0 $320 Unfinished Open Porch 1994 6x6 /0 0 $100 Valuation 2023 2022 202% improvement Value $15,050 $15,050 $6,500 + Accessory Value $420 $420 $420 = Current Value $15,470 $15,470 $6,926 Photos
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Cite This Page — Counsel Stack
Proman v. Miller, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proman-v-miller-gasd-2024.