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Home My WebLink About01-7022IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC. Attorney In Fact For TEMPEST RECOVERY SERVICES, INC. Assignee of AEGIS AUTO FINANCE, INC. Plaintiff VS. MAGGIE A. WINTERS Defendant COMPLAINT IN CWIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02050049 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC. Attorney In Fact For TEMPEST RECOVERY SERVICES, INC. Assignee of AEGIS AUTO FINANCE, INC. Plaintiff VS. MAGGIE A. WINTERS Defendant Civil Action No. t~ ! ~ COMPLAINT IN CIVIL ACTION 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 attomey 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 aga'mst 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. IF 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) 249-3166 COMPLAINT 1. Plaintiff is a corporation having offices in P.O. Box 3777, St. Joseph, MO 64503-3777. 17055. Defendant is an adult individual residing at 810 Green Acres Street, Mechanicsburg, PA 3. On or about November 2, 1996, Defendant duly executed a Retail Installment Contract (hereinafter the "Contract") in favor of Hartman Motorcars Co., a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a 1993 Ford Escort, Serial Number 1FAPP15J8PW233462. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from Hartrnan Motorcars Co. to Plaintiff. 6. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 19, 2000. Plaintiff avers that a payoff balance of $1,994.88 is due from Defendant as of September 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 21.00% per annum. $420.60. Plaintiff avers that interest from September 19, 2000 to November 19, 2001 amounts to 10. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attomeys' fees. 11. Plaintiff avers that such attorneys' fees amount to $343.21 and said fees continue to accrue. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Maggie Winters, individually, in the amount of $2,758.69 with continuing interest thereon at the Contract rate of 21.00% per annum from November 19, 2001 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. p~iAl,~.. ~i74M;¢ cz-an, Es~e WELTMAN, WE~ERG & ~IS CO., L.P.A. 2718 Koppers B~lding 436 Seventh Avenue PiUsb~, PA 15219 (412) 434-7955 WWR#:02050049 ..~mem$. ~gati~ cl~g~s and co,~ when they ae due a~ pa ,y~b4e.~ i 6. ENT1RE AGR EEM ENT. ll~is Ca!lracl c, ontaim*tbe en~e'a~ern~ belwem~ The p[*~cedinj:NOTICE ai~pti*~s 'onty If the go~ds being purchased are obtained primarily for pa~sonall family, or .', .. !' ' ' NOTICE OF, PROPOSED CREDIT. INSURANCE- ,~. . ~..-: ' , , SELLER'S AS$1G.":MENT h Ibm C~qtrar4 me flue wld cofmd: (c) Ibe down paymm~ was m~e bY lbe I)uY~r ~ $~ m t~ ~tra~ ~ ~ ~ .......... ~-z OTJ,~~.-,~,., ;.'JPORTAJ.-~T P~O',,':;5;ONS W.ARRANTIES SELLER DISCLAIMS. Yc, u understand that the ~ller is selling the vehicle "AS IS" and is not offering any warranties and that there are no implied warranties of merchantability, of :itness for a particular purpose, or any ether warranties, expressed or implied by Seller, covering the vehicle unless the Seller. extends tc ~,ou its own writ/eh warranty or service contract w!th[n 90 days from the date of this Contract. THE FOLLOWING NOTICE APPLIES ONLY TO USED CAR SALES: THE NFORMA~ION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT'OF SALE. I ~alges al rna Annual percer~ge Rale sol I~ above il Pemated bY tav~, ;I. REQUiREDPHY$1C~LDAMAGEINSURAI~CE. Aslo~IaSthlSCo~tract . reas~aab y acceptat~e to us and the policy (wht~h ~afl not be cancelta~ 11. DISPOSITION OF THE REPOSSESS'ED VEHICLE. II p~i3r to r elx~ssessio~, ~u ~va pa~ 6~ 0f ~he Cash Price we wi!/s~ U~e veh~ie at publ~' c~ p~ata ~ cet~y appoinl us as your. agent ~r tl~ puq~ose. You auW,3~e the ir",~ur.., t2. ~,ILrORI~EY*~ FF~E$. II we h~'e any atlarn~y who is n~ one o~ ou~ salad, ed ~ insura~cesettlemenleitherto(1)tepmrormpiac~ev~)e, 0r(2)reduce - deurrig~l$orieme~J~un(ieH~isCantractw~lhOL~flo~jthe~.Foi'e~aff(}le, PREMIUM NA ~ IF ANY, REFERRED TO IN THIS CONTRACT DOES NOT INC-'~ COVERAGE FOR.BO-'~ INJURY AND pROPERTY DAMAGE CAUSED TO NODCE TO THE BUYER: DO not sign th!s Contract in blank. You are entitled to a copy of this Contract you $~gn. Keep il to protect your legal rights. , : , Sewic~ CanlrKt Sorter aOd Aj~, a~ tM same may be amended Imm ~irne tO lime. Dm YOU ACI~IOWt. EDGE RECFJVING A TRUE, COHm:CT.AND COU- pLETELY FILLED iN COPY OF Title CORTUCT FROM THE SELLER WHEN YOU SIGNED iT, AND AGREE TO ALL ITS TERUS. ~,, ",. ~' '"(") DUPUCATI~ - FORW:-...0 T_O__AE?. !.S_ -.. -- ' pENNSYLVANIA AEGIS AUTO FINANCE, INC. · MUST BE TYPEWRITTEN Check E3 ~.,a~,~,~""~u' RETAIL INSTALLMENT CONTRACT ~d Address(es): ' I FOR INTERNAL USE ONLY] ~--~ Seller Name and Address: HARTNAN NOTORCARS CO. MAGGIE A. WXNTERS 6060 ALLENTOT4N BLVO. 6405 GLEN WOOD STREET NECHANICSBURG PA 17055 HARRISBURG PA 17112 VERIFICATION ' The undersigned does hereby v~rify subject to the penalties of 18, PA.C.S. e::j4904 'T^MMY -. is n'~A.n.A - relating uns'B~[:~0~L~ati°ns to authorities, that he/she .-.- ~l.'a'r:n'~ ~ ~t~_j-)~l'L~ ~_.J'W¢~.~ plaintiff herein, OPERATIO#8 of / ~ '~(Company) MANAGER - . J -- (Title) that 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. Oc~O 500d o~ SHERIFF'S RETURN - CASE NO: 2001-07022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SYSTEMS & SERVICES TECHNOLOGIE VS WINTERS MAGGIE A REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WINTERS MAGGIE A the DEFENDANT , at 1617:00 HOURS, at 810 GREEN ACRES STREET MECHANICSBURG, PA 17055 on the 19th day of December , 2001 by handing to MAGGIE A WINTERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33,85 Sworn and Subscribed to before me this ~ day of ~ ~m.~ A.D. Prothonotary So Answers: R. Thomas Kline 12/20/2001 WELTMAN WEINBERG REIS By: y- Sh&riff IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., ATTORNEY IN FACT FOR TEMPEST RECOVERY SERVICES,/NC., ASSIGNEE OF AEGIS AUTO FINANCE, INC. Plaintiff VS. MAGGIE WINTERS Defendant No. 01-7022 Civil Term PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02050049 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., ATTORNEY IN FACT FOR TEMPEST RECOVERY SERVICES, INC., ASSIGNEE OF AEGIS AUTO FINANCE, INC. Plaintiff VS. MAGGIE WINTERS Civil Action No. 01-7022 Civil Term Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Maggie Winters, above named, in the default of an Answer, in the amount of $2,863.44 computed as follows: Amount claimed in Complaint Interest from 11/19/01 to 1/24/02 at the contract interest rate of 21% per annum TOTAL $2,758.69 $104.75 $2,863.44 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. WELTMAN, WEINBERG & REIS CO., LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02050049 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 810 Green Acres Street, Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ' SYSTEMS & SERVICES TECHNOLOGIES, INC., ATTORNEY IN FACTO FOR TEMPEST RECOVERY SERVICES, INC., ASSIGNEE OF AEGIS AUTO FINANCE, INC. Plaintiff VS. MAGGIE WINTERS Civil Action No. 01-7022 Civil Term Defendant I-MPORTANT NOTIC~ TO: Maggie Winters 810 Green Acres Street Mechanicsburg, PA 17055 Date of Notice: (~,~...,.. /~ YOU ~ ~N DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REOUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 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) 249-3166 WELTMAN, WEINBERG & REIS CO.j L.P.A. '~ William Ti"l~lolczan (,/ ' PA I.D. #47437 // WELTMAN, WEINBERG & REI~CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02050049 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 states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. ~:~:lliarn T. M~lczan, r'-squire/ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02050049