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Home My WebLink About99-07239 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FINANCE, INC. Plaintiff VS. BEVERLY A. BACKENTOSS A/K/A BEVERLY BACKENTOSS Defendant No. 99-7239 CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lori A. Gibson, Esquire PA I.D. #68013 WELTMAN, WEINBERG & REIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01731268 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FINANCE, INC. Plaintiff VS. Civil Action No. 99-7239 CIVIL BEVERLY A. BACKENTOSS A/K/A BEVERLY BACKENTOSS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: COUNTI Kindly enter Judgment against the Defendant, Beverly A. Backentoss a/k/a Beverly Backentoss, above named, in the default of an Answer, in the amount of $9,300.00 computed as follows: For possession of the vehicle, more particularly identified as a 1996 Dodge Stratus, Serial Number 1 B3EJ46X2TN271584 or in the alternative for damages of $9,300.00 the value of the vehicle plus continuing finance charges at the aforesaid rate of 18% per annum plus costs. COUNT II Kindly enter Judgment against the Defendant, Beverly Backentoss, above named, in the default of an Answer, in the amount of $10,549.90 as follows: Amount claimed in Complaint $9,952.74 Interest from 9/1/99 to 1/1/00 at the contract interest rate of 18% per annum $597.16 TOTAL $10,547.90 f I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dales indicated on the Notices. WELTMAN, WEINBERG EIS CO., L.P.A. By: Lori A. Gibson, E uire PA I.D. #68013 WELTMAN, WEINBERG & REIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01731268 Plaintiff's address is: c/o Waltman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 7°i Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 16 Victor Drive, Mechanicsburg, PA 17055 1! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FINANCE, IN. Plaintiff vs. BEVERLY A. BACKENSTOSS a/k/a BEVERLY BACKENSTOSS Defendant Civil Action No. 99-7239 CIVIL IMPORTANT NOTICE TO: Beverly A. Backenstoss a/k/a Beverly Backenstoss 16 Victor Drive Mechanicsburg, PA 17055 Dale of Notice: December 29, 1999 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUTA HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 2499-3166 WELTMAN, WEINBERCb,9 REIS CO., L.P.A. By: Lori A. Gibson, uire WELTMAN, WEIN RG & R )EIS, CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA15219 (412) 434-7955 W W R tl01731268 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FINANCE, INC. Plaintiff VS. Civil Action No. 99-7239 CIVIL BEVERLY A. BACKENTOSS A/K/A BEVERLY BACKENTOSS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or m nt was entered against you on o206Cs (xx) Assumpsit Judgment as to Count I for possession of the vehicle more particularly identified as a 1996 Dodge Stratus, Serial Number 1B3EJ46X2TN271584 or in the alternative damages of 59,300.00 the value of the vehicle plus continuing finance charges at the aforesaid rate of 18% per annum plus costs and Assumpsit Judgment in the amount of 510,547.90on Count 11 plus costs. ( ) Trespass Judgment in the amount of S plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safely, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary Beverly Backenloss 16 Victor Drive -ti p ,,T, Mechanisburg, PA 17055 PBy: -1sl 1z AL" NOTARY (OR DEP TY) VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further slates that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINPItRgA REIS CO., L.P.A. By: Lori A. Gibson, E quire PA I.D. #68013 WELTMAN, WEINBERG & EIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01731268 r• _ .•t iii br Nom' i ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES, TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FINANCE, INC. Plaintiff No. q/ VS. COMPLAINT IN REPLEVIN BEVERLY A. BACKENSTOSS A/K/A BEVERLY BACKENSTOSS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON PA I.D. 468013 Waltman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#01731268 I? ?t I- A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES, TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FINANCE, INC. Plaintiff vs. BEVERLY A. BACKENSTOSS A/K/A BEVERLY BACKENSTOSS Defendant No. q l?- 7139 C,-,d To. COMPLAINT IN REPLEVIN AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. OF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 2499-3166 1 COUNT I - REPLEVIN Plaintiff, Systems & Services Technologies, Inc. ("SST") is a Delaware corporation, and is the authorized servicing agent for the lienholder Aegis Auto Finance, Inc. ("Aegis"). 2. Defendant is an adult individual residing at 16 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about December 21, 1996, Defendant offered to purchase from Brenner Motors, Inc., a 1996 Dodge Stratus, Vehicle Identification Number 1 B3EJ46X2TN271584, and Brenner Motors, Inc., agreed to sell to Defendant the vehicle pursuant to the terms of a Pennsylvania Retail Installment Contract and Security Agreement (the "Contract"). A copy of the Contract is attached as Exhibit "1" and incorporated by reference. 4. Pursuant to said Contract and Security Agreement, Defendant took possession of the vehicle more particularly identified in the Contract as a 1996 Dodge Stratus, Serial Number 1 BEJ46X2TN271584. 5. Subsequent to December 21, 1996, Brenner Motors, Inc., assigned the Contract to Aegis in exchange for valuable consideration. 6. Under the terms of the Contract, Defendant was to make sixty (60) consecutive monthly payments of $357.55 beginning January 17, 1997. The total amount due to Plaintiff pursuant to the Contract was $21,453.00. 8. SST is an authorized servicing agent for Aegis, is authorized to receive payments and is lawfully entitled to possession of the subject vehicle by virtue of the Defendant's default. 9. Plaintiff maintains a first lien on the aforesaid vehicle by virtue of the Certificate of Title issued by the Commonwealth of Pennsylvania Department of Transportation, a true and correct copy of the Certificate of Title is attached hereto, marked as Exhibit "2" and made a part hereof. 10. On or about April 21, 1999, Defendant failed to make payment due to Plaintiff in breach of the Contract. 11. Defendant's outstanding balance due and owing to Plaintiff is $9,952.74 with interest at the contact rate of 18.00% per annum from August 31, 1999. 12. Defendant has wrongfully detained the vehicle and continues to fail and refuse to return rightful possession of the vehicle to Plaintiff, despite Plaintiff's demand for possession of the vehicle. 13. The vehicle has an estimated present value of $9,300.00. 14. Plaintiff, according to the Contract, is entitled to recover from Defendant its reasonable attorney's fees incurred in obtaining possession of the vehicle that Defendant has wrongfully detained. 15. Because the vehicle is readily marketable, mobile or easily damages by misuse, Plaintiff is in danger of losing the vehicle unless immediate possession of it is obtained or otherwise secured. a a.act? WHEREFORE, Plaintiff prays for Judgment against Defendant, individually, in Count I of this Complaint In Replevin, as follows: A. For possession of the vehicle, more particularly identified as a 1996 Dodge Stratus, Vehicle Identification Number 1 B3EJ46X2TN271584 or, in the alternative for damages of $9,300.00 the value of the vehicle plus continuing finance charges at the aforesaid rate of 18.00% per annum, in the event that recovery of the vehicle cannot be obtained; B. Reasonable attorneys' fees and expenses for retaking possession, and; C. For such other relief that the Court deems just and proper. COUNT II ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 16. Plaintiff incorporates herein by reference thereto each of the preceding paragraphs of this Complaint in their entirety as if the same were more fully set forth herein. 17. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendant's default for the accelerated balance due under the Contract in the amount of $9,952.74, plus appropriate additional finance charges at the rate of 18.0% per annum on the balance due from September 1, 1999 and costs. 18. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 19. Contemporaneously hereunder, Defendant has been advised of his right to dispute the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto, marked Exhibit "T' and made a part hereof. WHEREFORE, Plaintiff prays for the entry of Judgment on Count II against Defendant, Beverly A. Bakensloss a/k/a Beverly Bakenstoss, individually, in the amount of $9,952.74 plus continuing finance charges at the aforesaid rate of 18.0% per annum from September 1, 1999, reasonable attorneys fees and expenses for retaking possession and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG AND REIS. CO. L.P.A LORI A. GIBS PA I.D. #680 Weltman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#:01731268 AEGIS AUTOFINANCE,INC. PENNSYLVANIA .. MUST BE TYPEWRITTEN FOR INTE I AL U$ ONLY Check Oren I! U/[!< ? hearty rw PWWA rxwiv Kmomicu" RETAIL INSTALLMENT CONTRACT Contract ? htewgramsNr U" Number Buyer(s) Name(s) and Address(es): Seller Nome and Address: ?eutlly PJgc4nS(.ss WvjyPl5 motor:) ZNC a72 Qltilks? 1,611-30 Fkvk-msf dt,+wv49. PA 170`!3 HlZjy PA 17rt>5- Owywewm apt Oaow,le wam w,-w-err-our IeN"O"saw mow MOM aoaeu Appear too" afo 10 myoe to wham die Cont batelgeeda wfn alfaeda b he "W"to d go SWr. Or SiW" bYOr, you tgnn b J Of die Mme on bdh atlas of eras Contract. PROMISE WnAa You poadve Pabaapay epbi Hw wl kM bebr, auY gene 1o mete ynwte acmWfq b on the P unpaid Wancs Sdb4Md lco beb F w YYou W to sw your paNone bar a(Wnw on W krroka a as oerndas directed bye. PURCHASE AND DELIVERY RECEIPT: You haw today p rda"d std nnhe/b stddedaywdtlm am merlds d6w&W babe. You tad a deolca d pelt Ww the cash pin a the ToW SW Prim and doe to pry to TOW SW P40L VEHICLE DESCRIPTION: The Molar W Mnnber ((o Make Modal Cda ldaalksTAI]tlm7 NOW f dYeu C)cc (/Ser A, ?H b r.2f"J4 163E7'46.YVehicle' /.5A4 .?y dam won O?lbe _ - _ _ LYAUD. OMen. RROOO ADDRESS (Addlass d garagea oew beam wMn wfide N b kwM a etofed, N 6Neaa Imm yoa.dhesa(asl above) FEDERAL TRUTH-IN-LENDIN G DISCLOSURES ANNUAL FINANCE Amount Total of Payments Total Sale Prks PERCENTAGE CHARGE Financed TheatdDfyW wr The food code yam godwa FATE The dollar amount the TheaebutolcraAt have paid elteryou onaedlkck&Vyourdown D The cal of yam creel 9: aedfvdlcostyou. pra7dodbywa have mint el paynaad a yearly, on y«m beld. paymar?b aaededlM. s x $$ s lUn x) s 21ys.3.20 s 2 lva3.400 your payment schedule for Cameflemd_WrAhawlllb: Number of Psymeas Anuan! Or Payments Due tknhry, afeelrllq 7 Late coup. H • payment it not Pant N he Wan 10 days anef it IS CIA, yn W pay a We dufpe of 95 a 5%d the tmasd of Parr" In dot". WIIdMwr Is I"L pfepymaat. N you pay ON dys contract Bury, you We not have to pay a penhy. Security eaaras4 You ate Oft us a washy (merest In dw pop" being pedmed. Filing Fes. (COmpiale Orly a ems am pall In sun.) ??I ? Sea aeotha side of via Contract famcnkdamaSon`boa non"ymard, delat,aympaed repaymealn kA before the od*&Wdde, pe cal damage r". =AmdZlmlo`m`m% I M amovis rTEMQATION OF AMOUNT FINANCED reps, e Y ie b a rueCOwm,hxnbgaayrdaubtrmm?yoatb regliedraarrn 1 CashPrleeo}Vehicle S Aon ere d tlbta rue . y z4 Ob M"elu.araryryMaaclkeboed Wn,MpotobancaabW beW b1M wlperynmed MdeabMWmetnmdtlma Z. Down Payment pNl na.aca Cnda Is bawaca and soidat and hub inure as m Out fpeedbobtainUWad We not be pmtledldmyou sign and "bpayM a. Cash Dawn Payment $ admbd oW Halal babe. NOW Mt addm and bah M=ots we pry M payerlfaalg.*NAeda"lebtffWmndi panahde Trade•In Information Mbw"&ywbdwa" u dWWn he poky, sdtad b M nuirnndwbay YEAR MAKE MODEL pmMd*MIS feldnnMpole/adlgbtmednmmaup dT_. 1 , ' 1 I DedltltrmuarawapryMbanahdwW/boahgIIda ymaormdbyary IV ahe0ubdhal bw WW*U amfy mtleudho dun dMbal" Mw(adl b. Tmde{n Aklwaoo S A/ asen,nMmedpidmdttleharaOe)sdMraaed0uhbrolemld", 0. TudMn Pe N tpbanmfinmdd_. ayWWWcreabdhdMeecm r1gUk1M d. Not AdOwade 2b-3: $ Ism dtL Contact Mete 14100 m. ManWacosets Rebated S S" M NOTICE OF PROPOSED CREW aSUPANCE"1 km m ft lama e" L TOTAL DOWN PAYMENTPSa 2 S CREDIT LIFE 3.Unpaid Balance of Cash Pdta 1-2 l). PREMIUM PERSON(S) INSURED d. Amounts Paid to Others on Your Aehalf 0 Credit Ile krur e 6 Term AI ? b M YauWtrl CreR t b. Aoddent a Nealb lmumrce a o C-00ry In U1 Tam p u non 0 svuewm a Title Fee fs d. lien a Fee 45. 0 You Was cram e. Uk Fee O Paid to UISleunce L Registration Fee 00 ftficOfdab Sole I Fn 01 ACCIDENT6 HEALTH R Sala and 00w Taw 79 .7 PREMIUM PERSON INSURED L ran TO: CF.YOIOP for: L•.s+r?.. 795.Db = i } Paid To: For. N 1¢ WN Y w a k TOT LOTH ER CHARGES 1 YQ. 70 e a w ". 6. INANCED 4 4k $ ,70 hernia Company Name mu FIN A ECHARGE $ 7 7a, • TI NCE RdaINP avmwWlfR,all 1 1/alaiM Z. Down Payment.--^ --- ngJnd b o W n atl( end WO na be PoMl l uVw IM Yin Wd rpn tlalclul wit kdoded below. Note eWardent ad hull It e to NDRCEVPFOPDSEDCIUMVISU ANCEMIanon a. Cash Down Payment S / Paid b to kwnancs Cave" You were Clem HUM Insurerce Sanlta Contract Aahmgh You en nol rpukad to do w, by Mlteent fwuaYou ve hdnag tlW younwae to eery aSmkeCo*,o cweti q w repek at certain MW MKhVj:Y hnrtdaems of twwhko, ad nWed SVIMeL You W rYN to tw SIMU contract for detak WoM 0 ounuoa SIMU Cmoact Pdca: It C Yv5 V Smite Conkect MsmnWn' IN= Yow NAB h as pelmienb ol5 saZ Y^?aa?.ud onakW PaYrna^PI? •aneonte urta ay of each mono, Eep4otM007 • THE BUYER: Do not sign this Contract in blank. You i a copy at this Contract you sign. Keep It to protect your a Um YOU ACKNOWLEDGE RECEMKG A TRUE, CORRECT AND COIF oe PLETELY FATED W COPY OF THIS CONTRACT FROM THE SELLER NI WHEN YOU SIGNED R, AND AGREE TO ALL ITS TERMS. tlw ?? n 1^) A NUMBER AND STREET QTY STATE ZIP eee, n W IA (tne) ?? - yam.^?.'- GuYerdof TELEPHONE HUMBER PIIUTT NAPE _ OTHER IMPORTANT PROVISIONS WARRANTIES SELLER DISC:.1iP:TS. You Understand that the Seller t: ?srNlrr the vnidcle'rASrIS" and Is not offering any warranties and that there are no Implied warean"ties of merchantability, of fitness Tor d particular purpose, or any other warranties, expressed Or Implied by Seller, covering the vehicle unless the Seller extends to you its own written warranty or service contract within 90 days from the date of this Contract. An Implied warranty of merchantability generally means that the vehicle is fit for the ordinary purpose for which such vehicles are generally used. A warranty of fitness for a particular purpose is a warranty that may arks when the Seller has reason to know the particular purpose for which you require the vehicle and you rely an the Seller's skill or judgment to furnish a suitable vehicle. This provision does not effect any warranties covering the vehicle which may be provided to you by the manufacturer of the vehicle. THE FOLLOWING NOTICE APPLIES ONLY TO USED CAR SALES: THE INFORMATION YOU.SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OFTHIS CONTRACT, INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. 1. OWNERSHIPAND RISK OF LOSS. Youagmelopayusaaywowmmnde the Contract a¢gdgp to ks,tgim seventh after the vehicle Is dedvered to yo.n it Is 2 ,deawyed, Indent. lost 01 cmdaoated,You sett eddse us bushress days d any of These events occur. You agree not to munwethe whisk Immtho United Slates or Canada a to sea. M. aaw_ ad and to repair a rq You agree not to move Y Periods flew Man DO orcrange me venues drugging adaem mmees we agree in writing. IT you Peroarherty remove the "hlole to 11110111181 stale with err WMM caeal6 you must rattle and mragiste the while in the new state and pay any olfdallees The vehidemust be tiled and registered in the stale wherathe whrk Is garaged. You W I not use the vdcde or passe a b be used for any MOO purposs. You will make sure our sewrty Wered (lien) on the "here is Shown on the title'throuMW theism of the Cord era. You agree that we may hoid Ins Original Idle to the vehicle during the term Of Ibis Contract and wit do wnatem we require to project our interest in old whrk. You authorize w to sign your new to any documents necemy to Period our ocru0y Wired N the vehicle. SECURITY INTEREST. To severe payment of the amoums do hereunder as wdl As any moddleab% edomionq reowab, amendments a rein. m Irj of This Contract, you hereby gram us a wn6nung sttaiy Weal under the Unyam Commercial Code in Uld vehicle being purchased and, udess prohbted by law, any acceswrin, egdpmem and replacemerd Inn mw Of later ieslated in the vehicle and an proceeds theled, an rebates from insurance premiums and service cedmcts, and an proceeds of frNUmmil Pdeies wwdng the vehicle or erect a deabay iWiance poldn amuing Old veNds or acrid a dimbAny Insurance policies r, naocnd he user. PAYMENTS Unfit the Amount Fmrmced is paid In full, you must Pay a Marmd change on its unpaid proton at the Annual Percentage Rate cif closed on the Iron) of this Contract. You wit make payments a they became due underlhis Centred. Each payment shall beacddedfnl tothe Flame Charge due and The remainder, Yany IotheAmoud Firancedduo. If payments are wmislenly rttdved earlier than Ins day of the moth when due, The France Charge ova The Isom of This Cadad will be leas, which may result in a sm kr final paymem. II pay"ras we MMemy Imbed later than the day Of the month when due, the Frmcs Charge over the term d the Contract Ws be greater, which may rewh in a lager Twl Payment. You may prepay this Contract in lot of in pad at any fine wI thouh penalty. Any sums remaining due hereunder at maturay, *twwa originally scheduled or by acceleration, stag thereafter accrue In,, charges at the Annual Peftenlage Rate wl lonh above Y Permitted by law, a d 1mi at the highest lawful rate. REOUIREDPHYSICAL DAMAGE INSURANCE As lag as this Cadrad rime rlr Impale ww mw to have Physical damage iremm mom, cewrkg substantial flea of dYrege, Waoetiat a M to Met.wmtla fe asauna„ And `: e• ?1.`,tacay'to a. The? surahKP.:onFdny M+- mind =1 be ma rlably acceptable to of fit the Poky iwnidh shall not be owlable on lass Than 10 days' Mre to us) must name us as loss payee. H you fad to Me an kswance clam whfhn 60 days after a casualty f r The whole, we may use a claim and write it with the insurance emhpany and you'rrew. wby appoiN us as you agent for this purpose You ambnize the rat. arcs eortpany:opay mom to M You agree Ito a1 your agent we may An my prcel of loss and endorse my check draft a other lam of paynwm issued by ere insolence compmy or its aged as a less payment u the vehicle is lest, stolen. or damaged. you agree Thai we can we my insurance sedlemen ether to (1) repair a replace the vehide, or (2) reduce Your debt 11 Buyer fails to wnlan such insurance. Sellermay, an dsopbA Intone such imuranco, and Buyer agrees to pay for such mwranca and Wered on The premiums at the Annool Pememage Rate set form above, but not more than is%per annum. INSURANCE OR SERVICE CONTRACT CHARGES RETURNED TO US This Conrad may contain charges for OpNOnel if a or servce wn• bads. II the vehicle is repourr sed or the nsuence isconceded. youagree Ihot we may claim be telds underihew Nwrame a service contracts and nr lermmaw Thwm to own refunds for unnamed dances aid you new. said Of deposed dor a moony k0aest is created won respects There, ,You delaua we map (I) demerd rut payment of ad UW you ewe under Ibis Contract; (2) take any reasonable Messmer, deslgnod la cared he detalA a gave Ourselves from moss and you win pay w demand the omit and "Deems weinctr and R pwdo M pgy such amount on demand. May will be added 10 the ulpM balance of Ibis Contract and amuse reance charges al the Annual Parcetage Rate arm 90" U palmist by law, a d rot at the highest lawld rare; (3) take P rudwion O lux vehicle n provided In paragraph %ands(4) Pursue anydherfi nndypenmEtadbylaw. Use done remedywhl net shop ss fmm wingarryalher remedy which we mayhave.All mmodlescon be asserted In any order. REPOSSESSION. I you default, you aulhmhe w to peaceably, and lawfully eder Upon arty Pfwbm Where the vehicle may be kept In order to Take Possession of the vehicle end arg9Jng bud in me vehicle, without demand or acmd order a otherjudicial process, You authorize us to use your aces, plain for the vehicle In movinD the yehide to Me Piece Of shags Instead of rePmwukV the vehicle OMONm, we may also require you to return the whsle to W d a plow we designate wtddh Is mawraby convenient to you and to w. You must notify m wain 7 days of the dale the while is mlaken by m o you claim that any Of your pmpely, was in the vehicle when I was retaken. Ma we recehie your notice. m Wd determine whether your property is n One while. K YOU( PmPeq is rot foul in the whisks, we wit nit be responsible for any alleged Ina. O you property is found in IM reride but you do M claim d and pay Storage tees wkNn 30 days, we may sell it or dispose of 4 in any Of fwsonade masher and apply any Proceeds lo your add, You understand that you wit not haw The Mid to relegate Ins Contract after repossession unless we atow 1. It you are in default more than 15 days before we lake Pesgenion of the vehicle, yoo Mud pay our actual, newssary and feamnebhe expenses of relakbp, slang and repathng the "hide. Such expeesn must be supported by receipts a other satsladory proofs of pay. MOM to Persons other than our regular falwas entl oyem. 10. NOTICE OF REPOSSESSION AND REINSTATEMENT. It we repossess the which smdhoul legal Pmcass, then after we law done w we We send you a Mice Of repossession. N we allow you to do W. you my redeem the vehcle at any And up mid em dupes (a contract to disp m) of the "hide. The fcdemMion amaurhl Will be at suns due under this Centred, boiling Me charges, and Yyou are ndeladt morethen 15days when we take possession of Ore vehicle, our cost of relakng, repelling and storing The whsle. It. DISPOSITION OF THE REPOSSESSED VEHICLE. d prior to mpovassen, you havepaid 60%01 IN Cash Prro, wewASed ft "hideal pwcwprivae sale not We then 90days from the date of repossession, Otherwise, we may sin orotlerwee dispose d the vehicle at a public a privae said (witch may a may not be we than go days tom The dale of reposses im) in a wmelerdary reasaaole mamer. Wu may sell the vehicle to a dealer to the edem allowed by applicable law we wel send yar mr serabb nation (al Nan 15 days. M wuroog the mating dale of the Mral M the ':?we and DTace of .alglwoeasokad,--,•.•,•,?-.,.y mauaOrwate •?e w•,•••apm me proceeds of any sale a cOw discoaton lob? to The masmable exmnvo, of whs. then In any reimbursable expenses of ralakng, mi:a. , n nM :dorig the vehicle. then to late charges 4= to any other charges pemmbd by law, :nit Pan r_ ins c1lartce due under ibis Cadracl. You wig be edekd to any wuplm. To the extent Peruse" by law, you we bs liable for any deficiency. 12. ATTORNEY'S FEES. II rre the any attorney who is M one of der salaried mttoyen to enforce our rights or to wpm whit you owe, you wit pay Masorebla allMOY ' lees and any mull was to the UIMI pemeed by law. 13. DELAY IN ENFORCING RIGHTS. We on delay or refrain from emec!ng any dour ng%or nmedIes under Nis Conrad without b ingthen For ezarrVe, we cep edend the time for making saw loym¢nis we10ut edeneng others or can acted late a P3dlal Wyrwms wittaul waiving our fgm to have fugue payments moan when due. 14. OTHER IMPORTANT TERMS. The Contract has bon emculed and delivered in Pormytvaria and its valo y, comaulbn and enlorceabilty shall be gov emed by me laws of Pennsylvania men lademl law shall ofherwee apply a ury Provision of the Contract is held to be invalid or medorceaute, a Wa be considered lobe m cdf ied to cony with that :a w andth a of hor prov& ns shall lemma m5wt. Neam,ma rrc W n Ir4s Gmdad era la wnwdErx.d Jas and M neexa•aaugu ur me wn,au IM,xn, m m,r e.......newev now u dosed an the Iron) of this Conrad. You wig make payments as they beeomeduo undedhisContrad. Bachpayment shallbe creoeed fnllo IN Finance Charge due and me remainder, a any, to the Amount FW meddue. 0 permute are coneistrally received eadier than Da day of the month when due, the Finance Charge over to term of les Contract we be less, which may IauA in a Smi er fail payment. 0 payments are cons ela,tly rasped later ran the day of Be Moran when due. the Fn1rce Chugs over the term o: IN Contact will be greater, wtxh may resu6 in a anger final payment. You may prepay INS Contract in lul or in pad at airy time without Pereey.Arry sumsremanig due hereunder at mal".wtalher as originally, Scheduled or by aaeealdn, eND thereafter moue fuance charges at the Annual Percentage Fiala sel forth above a permitted by law, or R not at the rightist awful tale. e. REQUIRED PHYSICAL DAMAGE INSURANCE As long as Ude Contract remains unpaid, you agree a have physical, damage nsurerce covering ••+.%,--,•., •:r d;,now de9nr,Nn & eP.T.Z VoNrln in aram,r and types satisfactory to us. The wear me company you Wad roust be reasonably acceptable to us and Be policy (which shag rot be cancellable on Im Dun 10 naye Notice to w) must name w as ass payee. D You fad to lea an insurance claim within 60 drys May a casualty to The vehicle, war may Ma a claim and $01 10 with Be Insurance company, and YOU mete- aUN aepou" us as your aged for INS purposs, log adtaus hie insur• ar^ aapmy to pay any loss to us. You agree that as your agent we may sign any proof of loss and endorse any check. daft a veer fan of payment issues by the aauance company or as agent as a ass payment. 9 the vehicle is Last, sadm. or damaged. you agree that we an use any inseam a settlement elherto (1) repakampace the vehi e,orR) mdlde ycendebl. 11 Buyelfa7stomainain such Insurance," faraµatnsoplan, procure such insurance, and Buyer agrees to pay lay Such it uarce and Werest on the premium at the Annual Percentage Rate set fish above, but not more than 16% per annum. 5. INSURANCE OR SERVICE CONTRACT CHARGES RETURNED TO US. This Contact may corn charges fa optional issuance or Service coo- trade. II the vehicle is repossessed or the trsuaoe is canceled. you agree Nil we my claim benefits Under these insurance or service monads and/ by terminate item to obtain refunds for unnamed Wrges and you kiss ably eppolre us as your aged for this purpose. Any refund an oolonal tresrance by semlee caan is obtained by us wan be aeWed to your 6. PAYMENT OF FEES AND TAXES. You wd pay as taxes, lees, assess mans, radgabans, charges and costs when they are due and payabla 0 you fall to pay the taxes ens. assessments, obligatkns, loges aid costs when due. we may, but We not be obigmen Ion pay them faryoe R we do So, you agree to repay such amounts to w on demand, logreher with interest at [he rate by 6% 7. LATE CHARGE. You %it have to pay a ale charge of 5%d lhemstalmea payment amount on each payment received by w more than 10 days all all its due data. 6. DEFAULT. Dehuft Shah exist d: (a) you led to make My payment according to the payment s•J,edute or pay any out, amoaes owed hereunder. (b) 10. NOTICE OF REPOSSESSION AND REINSTATEMENT. II we repossees the vallik without legal process, then aeet we taro done 0 we WHO Send you a riche d mposSOSSnn. D we allow you 10 do so, you may redeem the vehicle n any lime up Lane we dSpme (a monad in dapwe) of the "h cle. The redemption anxant wig be a6 Style due under this Contact, W dbq We charges, and d you are n default morethen 15 days when sow take possession Of the vehicle, our host of INakng, looking and Moring the vehicle. It. DISPOSITION OF THE REPOSSESSED VEHICLE If pilot to repossesswL, you have paid 60%of the Cash Price, we wig selltla vehicle atpLElc spin ae sale not Sher Nan 90 days from N date at repossession IXheaise, we may sell Or otherwise dispose at 0e valZa at a public Of private Sele (which may or may not be more than 90 days Iran the date of repavwbn) in a comrrercaly reavsfaam Hamer. We may sell the vehicle Ina dwe, to the exted abn•Ld is applicable taw. We will send you reasonable Home (al least 15 days, M counting the toeing dale of the rolcu) of His time and place of .•y« ?,aM..,.rAn!y.alncr l'-a.n-Irn.r•,b„nn.4 urnryw-TN the pWCendf d any Sae m other d4Mi n Get tH IN reaeonabe emenses of sale, Then to amt •an7umabe expenses 61 making. repairing and Stang the while. B,ul w ate dallies, Nan a any other charging pamMlod by law, and than to the balance due w-der INS Cdnlnc!.'wr: me be orWnd to any surplus. To the extent permitted bylaw, you wtt be We a for arty deficiency. 17. ATTORNEY'S FEES. If we hire any aAmey who is not OR of rol Salaried alrpeycvA to enforce our rights nr le macs wn:c yuu owe, yw wei pay reasonable aoormys' leas and any COW COOS to the extent pOoRed by law. 10. DELAY IN ENFORCING RIGHTS. We an deaya refrain [win enforcing ary doer mint or remed;i s unclerH His CC, fad WAhod losing then rot example, we an extend the lime lot making sane payments wthoul edesdintg others or can accept ale or panal payments without waiving ter nglo to hive loture payments made when due 11. OTHER IMPORTANTTERMS. Th's Contract by been executed and ddirrered in Prawybaria and its validity, construction and enforceability shall be gov lamed by the taws of Penisytva s umess federal law sMU otherwise apply If any paean of this Conrad is held to be invalid or unenforceable, n wig be onsdernd to be modified to comply with that taw and the other prensanO shall amain sold. Headings wen in INS Woad are fa convenience only and do mil in( a affect As terms. 15. ASSIGNMENT. You understand and agree tat this Contad maybe assigned by us and we stall be permed to make lunherassignments herenl. YOU may not assign Ins CAntaa wANd out part welen approval. 16. ENTIRE AGREEMENT. The Contract Madrid the antis agreement between bah you and US and S binding upon the parties, their hare, exeanas, perconad representatives. ardor Successors and assigns. No ply hello has relied an any representations except Uwe expressly gel forth heren. Any changes in lams of this Contact == be in wriing and signed by us No oral changes are amino. 17. JOINT LIABILITY. If more than ore Buyer signs this Contact, all Buyers are jointly and severally liable. We Won= Her dgas as to we Buyer without all" our nphis as to the other We an also release a Buyer Or Guarantor without recasing any other signor. You breach Sty of the lams or condoom of Ms Contract (c) you do not keep n,n milund insamory In force, (a) any corld applicamn informallen Is [also ormisleadrg; (e) you fie for bankruptcy, meivesh'pai solvemy or someone Nos for same against you; (1) you die; (g) the vehicle S allachM, ededupan orseued pursumt to Im IN) you are aMrryany and your duck is W to saneona who Is not a Guarantor of Ibis Conrad, or you uquidale subslamaiy, all a1 your assets. -easo m e4, ad . s :rg concem. it d4mahm a meme uda Sherd, ampn y r, fI Ire PUT:', r, 16. NOTICES Urss appnaoe law monies that nclke be given in arether manna. arrymlce underNeCodad must be hmAThgad addressedtothe appaprele party a the address slnwn below, and mullion dolvered person- ally a mated by U.S. Mal, firsttLss palaga propai0, and each party OUR ndty the otherd a thongs In add,ess.Any mlloaym sendto w mat besent to Colomer Seace. Aegis Auto Rance, Inc., SM Washwgion Bfvd. Jersey Cov. PJ n7510, unress we intrigues you othilivisa. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only If the goods being purchased are otstalned primarily for personal, family, or household use. In all other cases, Buyer agrees not to assert against any subsequent holder or Assignee of this Contract any claims or detonators the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this Contract. NOTICE OF PROPOSED CREDIT INSURANCE The Signet(s) of the ConUact hereby eke(s) notice that group credit fde insurance coverage ardor group credit accident and health insurance coverage wig be applicable to the Contract D so monad all the hoot of the Compact and each type of coverage WE! be written by the insurance company named on the front at the Contract. The Insurance, subject to acceptance by lie insurer, covers only the person signNg the request for such insurance. The amount of charge is Indicated for each type of credit'vxvrame to be purchased. The term of Insurance wit commerce as of the data the indebtedness is incurred and will expire on to originally scheduled malady date of rid Irdealediess. Subject to acceptance by live Asurer and within tlfmy (DO) days, Noe wig be defwered to the Insured debtor a cerefcahe at insurance we Niy dercdbug the Insurance. In the event of prepayment of the indebtedness, a refund of Nsurence charges will be made when due. SELLER'S ASSIGNMENT in mmecoon with Seeds assigns ent of His Caeaa, n addaon a Na a weeaneaw and eamdes aria red In IN Dealership Agreement between Seer and AAF, Seerwamds to AAF and as auly,a Her (a) N Conrrad represents a sets by Sneer, a Buyer an a time price basis and rot all acash beds; N) ad aalanab caAal ea in as Convect an uw and cored: (c) N dam peymad was made by the Buyer a staled In to Cawed and NO pan Of N down papers sou bared or pad b OW Buyer by Seller, diraay a idmoy; (a) the remits and sgnawns in N Contract. Spill appBadon and Waled documents are rd blind. fci dew a assumed: (e) a mm es ehy Mean copy of N Cadets was delivered b to dryer a N tlme of executers lq an Corded 15 enb,ceable in ereaaams wear As emu ao" the Buyer(s) W Guarelgor and is not riled to any Mentalism or defense; and fill ,e other docu font axiw who has ens which coneedd that Was d the Contract. 9 any of Lase puwes we bmedild or uuua. Suter agrees Nl AAF is stated to ag Wnades of the Deershp Agreement between Stier and AAF W W assigns. r,.e„n PHYNewvwwu OEPARTNENT OF TRANGeORTAMN "f CERTIFICATE OF TITLE FOR A VEHICLE 'K 30039 , '---• .--- 9705190058002988-001 / 5?J-4SEi?T21_'4t-'?-58?:,: "I-9t,':Ir II(]DGf!?a:? ?' ?543_266?AT'i .vcaon.nrwieiwl .w luaww?at muwwwul gpH== i bt4M'A ? 1 1i/23%9714'=O?LSIII ??? ' "T . .aorrrri ?rir I-iralimemn I 'ooo.rwmun I amu.w? amr nuu? ' un?naww.- -I wnvicuarrt l ' Iw.w"a'I' oc.n? • muw ': i• mamamru r.? ?. VIII VOCIMYtlWfY . .?.:. t"?T?MNVw?%',•T:YMf.•?'.J r• I.WM.cNLW/a? • ? IOIMC?IW ..r roe ?rP m]w14 Y]01R 1 IYm1OmP.On1 • ?r i11t.NMt Y?IOwYwW RFVFOLII MACKFNSTOSS :[°.??. ... • 272 -CLARK-ST LEMOYNE PA 17043 .ua....oA : .ewmn..uAesuw ?: .Iwnwl..rws . ? .avcW.•...n nnoe.vo. ..AEGIS AUTO FINANCE INC' . .• r, 1 1 + • , • • r • .wi 4w..lY4wn / N M Y. N M? • :?? b??.N IYwNYW IYe YNi.Mw?• ur laurm ? w yl owe / 5 uwa.m... KYp W I1Hf?0 _ n *-'r'aAr'= AEGIS AUTO FINANCE INC ' C/0 SST P 0 BOX 3240 ST JOSEPH MO 64503 ' •.aoam:www.l mrronle• .. L 'MALL'ORY WI xu.a 1 ... I mm N CIY ? ? O nAR C] V OW R • ?.? ? o ' r w "ww:er ...q.... r+s r c.r w r. w N .r:e? wou. N ew.rw.lw...awaw.w?.nrnwww. xua cr) ? A vnm ? VAn nA v cn awllwwa«nrlnmm+vlmomsw .. OR If WIN I EXHI?6T®? clhlkatoa VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 54904 relating to unsworn falsifications to authorities, that he/she is I Ida -Foe S , U4,ap j(0n Atyitmf s m, (Name) plaintiff herein, that J (Title) I (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) >S A CJl-1 T.. J4 ' W i:'l u ? Ol ? 7 CJ: (9) ?J ? QZ SHERIFF'S RETURN - REGULAR CASE NO: 1999-07239 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SYSTEMS & SERVICES TECH INC VS. BACKENSTOSS BEVERLY A ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon BACKENSTOSS BEVERLY A/K/A BACKENSTOSS BEVERLY the defendant, at 10:42 HOURS, on the 6th day of December 1999 at 16 VICTOR DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to HERBERT M. HENRY, JR. a true and attested copy of the COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 7.4040 Affidavit Surcharge 8.00 R-" omas ine, er WEITMAN WEINBERG & REIS 12/07/1399 by if Sworn and subscribed to before me this /-IS day of Q9 ,2a7rD A. D. a aG ti. r r j Pie LOIotzr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FIANCE, INC. Plaintiff No. 99-7239 CIVIL vs. PRAECIPE FOR PARTIAL SATISFACTION OF JUDGMENT AS TO COUNT I ONLY (POSSESSION) BEVERLY A. BACKENTOSS a/k/a BEVERLY BACKENTOSS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lori A. Gibson, Esquire PA I.D. #68013 WELTMAN, WEINBERG & REIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#01731268 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AGENT FOR AEGIS AUTO FIANCE, INC. Plaintiff vs. BEVERLY A. BACKENTOSS a/k/a BEVERLY BACKENTOSS Defendant Civil Action No. 99-7239 CIVIL At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment as to Count I, for possession only. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Lori A. Gibson, Esquire PA I.D. #68013 WELTMAN, WEINBERG & REIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #01731268 Sworn to and subscribed before me this t tpll?_