Memorandum

To: Department of Revenue Title Hearing Request Clayton County District Attorney Tracy Graham Lawson, Department of Transportation, Commissioner Keith Golden, Federal Motor Carrier Safety Administrator Anne S. Ferro, Magistrate Court, and all appropriate parties From: Date: Re: Johnny L. Davis and Viola Davis 6/11/2012 Department of Revenue: Attention Title Hearing Request

cc:

Department of Revenue: Attention Title Hearing Request

I, Viola Davis, am writing this request on behalf of my brother, Johnny L.Davis, to request a title hearing. Johnny L. Davis is owner of Own to Operate and Get Go Transport He is a disabled war veteran who had the unfortunate experience of having his 2001 Freightliner Truck stolen by Joe Dean with Joe Dean Truck Repair. Due to the extreme emotional stress and anger of this experience, he has asked me to assist him in going through the process to expose the illegal actions of Joe Dean. I, Johnny Lee Davis, delivered to Joe Dean of Joe Dean Truck Repair at 4851 Georgia Highway 85, Forest Park, Georgia 30297, a 2001 Freightliner Truck (titled in the business name Own to Operate, Inc. which Johnny Lee Davis is owner -VIN 1FUYSSEB01LG56830)for repair of the rear end. Joe Dean quoted a repair cost of $3,700.00 in September JOctober of 2011. Approximately September JOctober 2011, Johnny Lee Davis made an agreement with Joe Dean to pay for repairs on the 2001 Freightliner Truck by signing the title to a 1995 Reefer Trailer (titled in the name of Get Go Transport, LLCwhich is owned by Johnny L.Davis - VIN 1UYVS2489SU603537) worth $4,000.00 over to Joe Dean. Joe Dean gave the Reefer Trailer to Chris Aberhart as collateral on a loan for $10,000.00. Chris Aberhart used the Reefer Trailer and his personal truck to secure a $10,000.00 loan from Mission Financial Services to get the engine from his Freightliner Truck rebuilt. Chris Aberhart is a witness to the agreement between Johnny Lee Davis and Joe Dean due to the use of the title for the Reefer Trailer and acknowledges the fact that Joe Dean was paid in full for repairs of the 2001 Freightliner Truck in 2011.

June 11, 2012

Johnny L.Davis did not realize his truck was stolen until he went to pay his taxes at the Department of Revenue. After being told the truck no longer belonged to him, he called the Clayton County Police Department to report his truck stolen. Approximately May 18, 2012, I went with rrly brother, Johnny L.Davis, to attempt to get the truck back without violence. I witness fhe officer question Joe Dean about the truck and notice Dean show the officer a hand full of papers. The officer said that Joe Dean said that the vehicle was abandoned and the 2001 Freightliner Truck was now his truck. Despite stating otherwise and showing our title, insurance, and business documentation, the officer said that Joe Dean had the paperwork to acquire the truck. We did not understand how Joe Dean used the process to steal my brother's 2001 Freightliner Truck worth over $15,000.00, especially at a time when my brother was due to place two additional Ten to work on a new contract. He had spent the time trying to finalize the repair t~ get his truck; however, Joe Dean had every excuse as to needing additional time to fix the truck. This went on back and forward from approximately Oct/Sept 2011 to April 2012. We now understand Dean was stealing the truck. A. We have a timeline to explain the repairs were paid in full in advance by Johnny L. Davis to Joe Dean for repairs ofthe 2001 Freightliner Truck. The witness to the agreement was Chris Aberhart. Chris Aberhart signed a notarized statement tOI,verify that Joe Dean was paid in full for the truck repair. Aberhart stated that he did not understand why Dean requested he placed Johnny Davis name on the receipts. See Exhibit A for the following documents: 1. Agreement between Johnny Lee Davis, Chris Aberhart, and Joe Dean Notarized statement by Johnny L.Davis and Chris Aberhart. 2. Chris Aberhart three receipt to Joe Dean for 9/12/11,9/19/11, and? /26/11 3. Copy Of Certificate of Title for 2001 Freightliner Truck 4. Copy of receipt for work done on a different truck by Joe Dean Truck Repair 3/4/12 II B. Johnny L. Davis has the original title which is unsigned. He never abandoned his truck and was in constant contact with Joe Dean through personal contact, phone contact, and through myself when he went over the road to work for Fed Ex from December through March. I, Viola Davis, will notarize this document as proof to the statement made on this document. Johnny continued to do business with Joe Dean by having Dean repair other trucks within the company. Johnny Davis provided documentation to show his business is registered with the state and Proof of Insurance. He continued to pay insurance on the 2001 Freightliner Truck from 9/10/2009 until the present. He said, "What would happen if someone was hurt with the truck while I am paying our company insurance?" [See Exhibit B] See Exhibit B for the following documents:

June 11, 2012

1. 2. 3. 4.

Certificate of Incorporation for Own to Operate, Inc. Certificate of Organization for Get Go Transport, LLC. Certificate of Liability Insurance Documentation on Insurance on 2001 Freightliner from 9/10/2009

to present.

C. Johnny Davis paid Joe Dean to repair other trucks in the company during this time span of waiting for the repair on the 2001 Freightliner Truck to be completed. [See Exhibit C] See Exhibit C for the following documents: Front and back copies of three receipt/checks written to Joe Dean of Joe Dean Truck Repair for additional work done on other trucks for Johnny Davis' company. D. Johnny L. Davis and I spent May 31, 2012 researching how Joe Dean stole the 2001 Freightliner Truck. We went to the follow governmental agencies: DeKalb Magistrate Court DeKalb County Court Building Clayton Magistrate Court Clayton Business Officeto get Joe Dean Business license number 11-13184 under Joe Dean Truck Repair, 4851 Hwy 85 ste. D-4. Georgia Department of Revenue Motor Vehicle Division [See Exhibit D] See Exhibit D: Research to recover the truck on May 31,2012 1. Request for title hearing from Department of Revenue 2. Documents from Georgia Department of Revenue Motor Vehicle Division (7 pages) 3. Documents from Clayton on Abandoned Motor Vehicle 4. Documents from DeKalb for Abandoned Motor Vehicle E. Johnny L.Davis has the phone records from his business phone (404-3090041) to demonstrate the constant contact and phone conversations between himself and Joe Dean (404-909-3008). From August 2011 to May 2012, Davis and Dean spoke with each other over 215 times. (See Exhibit E) See exhibit E: Phone Records of Conversation between Johnny L.Davis and Joe Dean from 8/15/11- 5/12/12. (Over 42 pages) and one excel spread sheet. Johnny L. Davis has known Joe Dean for over 15 years and thought he (Dean) was a man of god. Dean has repaired the company's truck during this time span. Ifyou look at Dean's receipt, you will see bible scripture printed on the receipt. As a disabled war veteran, he was looking forward to putting two people to work with a new contract and company he had signed on with to deliver loads. Due to the illegal actions of Joe Dean, Johnny Davis was unable to give the men a job. He could not

June 11, 2012

believe that Joe Dean would engage in such illegal activity. After researching legal issues on the Internet, I told my brother that this may be classified as theft by conversion. Johnny L.Davis wants to make sure that Joe Dean never does this illegal activity tolnYJ).lle else, eZeci~!'!y' a business owner who's trying to put people to work. Dated: , J J UAfJ . 0 GSignatures: We. Johnny Lee Davis, as owners of the 2001 Freightliner Truck and Viola Davis, as his sist~hat is wrJ!!.ngthis document for him, sign our name to this statement this day of ,)rUt' and, being first duly sworn, do declare to the undersigned authority that we sign and execute this statement and that we sign it willingly and execute it as our free and voluntary act for the purposes expressed in the power of attorne and that we re ov e age of eighteen, of sound mind and under no int und n

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Witness Attestation: I, Johnny Ray Davis, the first witness, and I, . the second witness, sign our name to the foregoing statement being first duly sworn and do declare to the undersigned authority that the statement made by Johnny Lee Davis and Viola Davis was signed willingly and in the presence and hearing of the witnesses and that to the best of our owledge both men are over the age of eighteen, of sound mind and under no c st int or un e influence. v Signature of Second Witness Notary Ac owledgernent: .~( ~I State of ' eO v-c- d1... _ County of 1)-e.Accd Subscribed, sworn to and ~cknowledged before me by d.... '"..y .fl,rZihe owJf.!;,othe 2 1 Freightli er Truck (Johnny Lee Davis) and 7 V~/( e [o L.Davis sister (Viola Davis) and subscribed and sworn to before me by Johnny Ray Davis) and \.l ( ),the witnesses, this I\+\1 day of

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~~~ OtaIYSignatu~'

Notary Public, "r-: /)r: In and for County of ~ ~ State of '"(.CJ I" (t..My commission ex D ~ . D&

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Seal:

CONFIDENTIAl