Preview
V "
FEDEMTEDINSUIMNCE
It's Our Business to Protect Yours W
E \3
| N cLERKS "ACE "J
23.
CLERK. FULTON
7
W Terry D. Howe
Senior Marketing Representative
13652 E 100 N - Burnettsville, IN 47926
Cell: 574-581-0095 0 Office: 574-581-0095
TDHoweGfedins.com
Filed: 111812123 3:32 P
STATE OF INDIANA ) IN THE FULTON SUPERIOR COURT
County,
) SS: 815 MAIN
STREET, COURTHOUSE
COUNTY OF EULTON ) ROCHESTER, INDIANA 46975
, (574) 223-3506
SAC FINANCE, INC. CAUSE NUMBER: 25D01-2206-CC-000273
Plaintifi'
VS.
PHOENIX D MAGGNNIS and CHRISTOPHER A VEGA
Defendant(s) C"" a:
ALIAS SUMMONS (4.2; P .1
TO THE DEFENDANT: CHRISTOPHER A VEGA JA}! 2 5
2132ESTATE ROAD16 .. _
, ,
/
LUCERNE,IN46950 r
m
You have been sued by the person(s) named plaintiffls) in the above-entitled Court in FULTON County, INDIANA. The claim made against
you is attached with this summons.
The manner of delivering notice and the time within which to answer this claim are designated by an "x" below:
certified mail: you or your attorney must file a written answer to the claim within twenty-three (23) days, commencing the day after you
receive this summons, or judgment may be entered against you as claimed.
XX personal service: you or your attorney must file a written answer to the claim within twenty (20) days, commencing the day afier you
receive this summons, or judgment may be entered against you as claimed.
An answer is considered filed when it is received in the office of the Clerk of the FULTON Circuit and Superior Courts, FULTON County
Courthouse, ROCHESTER, INDIANA . The method you choose to deliver the answer to the Clerk is up to you; however, you should be able
to prove that you filed your answer. If you have a claim against the petitioneds)/plaintiff(s) arising from the same transaction or occurrence,
you must assert it in your written answer.
The date and time of any hearing requiring your attendance is shown on a Notice of Hearing attached as a separate document. Examine all pages
carefully. Failure to appear may result in judgment against you as claimed. Unless documents indicate otherwise, all hearings will be held in
the designated court at the FULTON County Courthouse, ROCHESTER, INDIANA.
1/19/2023
Dated: .. l
Clerk of FULTON Chem WTy: Courts
,-
PERRY LAW OFFICE, P.C. ZORC
Ramon S. Perry HI (PLAINTIFF) "A
HE.
5532 Saint Joe Road PARTY massmen '
"SEE.
Fort Wayne, Indiana 46835
(260) 483-3110 ( 29040-76)
SEAL
ATTORNEY NUMBER
PRAECIPE DESIGNATING MANNER OF SERVICE worms
TO THE SHEREF This Summons shall be served as follows:
-
TO THE CLERK This Summons shall be served as follows:
-
personal service certified mail
Xx leaving a copy at dwelling or place of employment registered mail
publication
agent,
other (describe in particular and note Trial Rule) other (describe in particular and note Trial Rule)
CERTIFIED MAIL
u indic'ted in the date issiied ftld. that a copy ofthis Summons"and the hereby certify that service by registered/certified mil at ROCHESTER IN.. was attenuated
I herebyea'tify,
clairnwuescnttothenamedpersods)althe
" l'umishedby. ,' rifled
I
IS required by law to the person and address stated on the return receipt attached; and that
' therein.
mail at ROCHESTER IN.. return receipt requested service was/was not made, ",lothe" inn
Dale" J
Date Issued
Clerk of FULTON Circuit and Superior Court: Clerk of FULTON Circuit and Superior Courts
ADMISSION OF SERVICE
[received a copy of this Summons and the claim on this date and at this location:
Signature of Party Relationship (if not the within named person)
RETURN OF SERVICE BY SHERIFF OR OTHER OFFICER Place the letter in the space 1 ) to indicate the type of service
I served a copy of this Summons
and the claim as specified below: ( )
READING/delivering a copy (A) to the within named party:
LEAVING A COPY for the within named party
(B) with the SPOUSE, named: (F) with a SECRETARY, named:
(C) with a RELATIVE, named: (G) with the ATTORNEY, named:
(D) at the RESIDENCE, located at: (H) with this person (OTHER specify): -
(E) with the EMPLOYER, named:
"
Specify name of person, work supervisor, place of business, or location where copy was Iefi.'
and (if applicable) by sending a copy of this Summons by first-class mail to the last known address of the within named person as
indicated below:
Last Known Address of Person Named in the Summons (or Change of Address)
I did n_ot serve the within Summons and claim because: ( )
(I) the party was NOT FOUND/NO SUCH ADDRESS. (R) the party was on VACATION.
(J) the document EXPIRED. (S) the party was NOT FOUNDNACANT.
(K) the party AVOIDED service. (T) the party was NOT FOUND/MOVED.
(L) the party REFUSED service. (U) the party was NOT FOUND IN THIS BAILIWICK
(M) the party was NO LONGER EMPLOYED at that address (V) INSUFFICIENT ADDRESS OR INFORMATION WAS GWEN.
(N) the document was RETURNED BY THE AUTHORITY OF THE PIAINTIFF 0V) they are NO LONGER IN BUSINESS.
(O) the party is DECEASED. (X) several attempts were made/UNABLE TO SERVE.
(P) the party was UNKNOWN AT THAT ADDRESS. (Y) of the following reason (OTHER specify): -
(Q) the party was on SICK LEAVE/LAY OFF.
I affirm, under the penalty of perjury, that the foregoing representations are true.
Date Served/Attempted Time Served/Attempted Signature of Sheriff of FULTON County, Indiana
(or other Officer)
By:
(Printed Name of Process Server) (Signature of Process Server)
Filed: 6/1/2022 4:39 PM
25001-2206-06-000273 Clerk
Fulton Superior Court Fulon County. Indiana
STATE OF INDIANA ) 1N THE FULTON SUPERIOR COURT
) SS:
COUNTY OF FULTON ) CAUSE NO.
SAC FINANCE, INC.
Plaintiff
vs. COMPLAINT 0N CONTRACT
PHOENIX D MAGGINNIS and CHRISTOPI-IER A VEGA
Defendant
Comes now Plaintiff} SAC FINANCE, INC., by counsel, and by way of its complaint against the
Defendant(s) alleges and says:
"
l. Plaintiff attaches an affidavit pursuant to Trial Rule 9.2, as Exhibit | ".
2. That Defendant(s), on or about February 3, 2021, executed a Retail Installment Contract
and Security Agreement secured by collateral. A copy of said contract is attached hereto as Exhibit "2".
3. That at all times relevant hereto, PlaintifT was a corporation duly authorized to transact
business under the laws of the State of Indiana and is the assignee of Superior Auto, lnc., as evidenced by
a copy of the Assignment attached hereto as Exhibit "3".
4. That the Defendant(s) has/have defaulted on the terms of said agreement.
S. That there is an unpaid balance of said account in the amount of $1 1,147.20, which
amount Defendant(s) has/have failed to pay after repeated requests. A copy of the ledger is attached
hereto and marked Exhibit "4".
6. That said agreement accrues interest at the rate of21.000% percent per annunt from
November 5 2021 until date of judgment.
7. That said agreement provides for attorney fees if the contract is collected by or througli
an attorney in the event of default.
WHEREFORE, Plaintiff prays for ajudgment against the Defendant, PHOENIX D
MAGGlNNIS and CHRISTOPHER A VEGA, iii the amount of $1 1,147.20, plus interest, attorney fees,
court costs and any expenses incurred by Plaintiff as a result of Defendants default, and for all other
proper relief in the premises.
Respectfully submitted,
PERRY LAW OFFICE, P
By:
R. TT P RRY, 6323-02
R NS ERRY III, 29040-76
L GA . GILBERT, 3602402
5 32 Saint .Ioe Road
Fort Wayne, Indiaiia 46835
Telephone: (260) 483-31 10
Filed: 6/72022 4:39 PM
25001 -2206-CC-000273
STATE OE INDIANA
..
)
SS:
Fulton Superior
COUW
IN THE - A CIRCUIT/SUPERIOR COURT
Clerk
Futon County. Indiana
)
COUNTY OF FU'W' ) CAUSE NO.
SAC Finance, Inc.
Plaintiflls)
vs. AFFIDAVIT OF DEBT
Pursuant to Trial Rule 55(B)
PHOENIX D MAGGlNNIS
Defendant(s)
Cornea now afflant, and states:
1 Diana Menet'ee am DPlaintiff OR El a designated fulltime employee of SAC Finance, Int-'-
(Name of Affiant) (Name of Plaintifl)
l am of adult age and am fully authorized by PlaintilT to make the following representations are true according to documents kept in the
normal course of Plaintiff's business and/or personal knowledge:
Plaintiff?
D is the original owner of this debt. OR
has obtained this debt from SUPERIOR AUTO, Inc. and the original owner of this debt
was SUPERIOR AUTO, Inc.
PHOENIX D MAGGINNIS , Defendant, has an unpaid balance of S 11147.20 on account 5l26
(Name of Defendant) (last four digits or [D only)
That amount is due and owing to Plaintiff. This account was opened on 02/03/21 . The last payment front Defendant was received on
10/06/21 in the amount of 3 235.00
The type of account is:
El Credit Card account (i.e. Visa, Mastercard, Department Store, etc.)
- List the name of the
Company/Store issuing credit card:
[3 Account for utilities (i.e. telephone, electric, sewer, etc.)
D Medical bill account (i.e. doctor, dentist, hospital, etc.)
D Account for services (i.e. attorney fees, mechanic fees, etc.)
D Judgment issued by a court (a copy of the judgment is required to be attached)
Other: (Please explain): Retail Installment Contract and Security Agreement
This account balance includes:
D Late fees in the amount of 3 as of (Month, Day, Year)
Cl Other (Explain
E Interest at a rate of 21 % beginning on 10/06/21 (Mandi, Day, Year)
Plaintiff:
E is seeking attorney's fees and additional evidence will be presented to the court prior to entry of judgment on altomey's fees. 0R
U is not seeking attorney's fees.
Plaintiff believes defendant is not a minor or an incompetent individual. If the defendant is an individual, plaintiff states and declares that
Cl Plaintiff is unable to determine whether or not Defendant is not on active military service. OR
I Defendant is not on active military service Plaintiff's statement that Defendant is not on active military service is based upon
the following facts: Searched Department of Defense Computer Records
("Active military sen ice" includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National
Guard, service under a call to active service authorized by the President or Secretary of Defense For further information, see the definition of
"military service" in the Service members Civil Relief Act, as amended, 50 U.S.C.A Appx § 52l .)
I swear or affirm under the penalties of perjury that the foregoing representations are true.
-.
Dated: 03/02/2022 Signature of Affiant
,l l' SUM
)sl'ltl'ufli
Printed name & title: Diana Menefec. Asset Recovery Manager
STATE OFJNDIANA )
)ss
IN THE
.
'
a"
\
CIRCUIT/SUPERIOR COURT
COUNTY OF FU'W' _ ) CAUSE NO.
SAC Finance, Inc.
Plaintiff(s)
vs. AFFIDAVIT OF DEBT
Pursuant to Trial Rule 55(3)
CHRISTOPHER A VEGA
Defendant(s)
Comes now atriant, and states:
|Diana Menefee am DPlaintiffOR a designated full-time employee 0f SAC Finance, Inc.
(Name of Affiant) (Name of Plaintiff)
I am of adult age and am fully authorized by Plaintiff to make the following representations are true according to documents kept
in the
normal course of Plaintiff's business and/or personal knowledge:
Plaintiff:
of this debt. 0R
Cl is the original owuer
has obtained this debt from SUPERIOR AUTO, Inc. and the original owner of this debt
was SUPERIOR AUTO, Inc.
CHRISTOPHER A VEGA , Defendant, has an unpaid balance of 5 11147.20 5126
on accOunt .
(Name of Defendant) (last four digits or ID only)
That amount is due and owing to Plaintiff. This acwunt was opened on 02/03/21 . The last payment from Defendant was received on
10/06/21 in the amount of$ 235.00
The type of account is:
[3 Credit Card account (i.e. Visa. Mastereard, Department Store, etc.)
- List the name of the
Company/Store issuing credit card:
D Account for utilities (i.e. telephone, electric, sewer, etc.)
[3 Medical bill account (i.c. doctor. dentist. hospital, etc.)
Cl Account for services (i.e. attorney fees, mechanic fees, etc.)
D Judgment issued by a court (a copy of the judgment is required to be attached)
B Other: (Please explain): Retail Installment Contract and Security Agreement
This account balance includes:
Cl Late fees in the amount of s as of (Month. Day, Year)
D Other (Explain )
Interest at a rate of 21 % beginning on 10/06/21 (Month, Day, Year)
Plaintiff':
is seeking attorney's fees and additional evidence will be presented to the court prior to entry ofjudgment on attorney's fees. OR
B is not seeking attomey's fees.
Plaintiff believes defendant is not a minor or an incompetent individual. If the defendant is an individual, plaintiff states and declares that:
D Plaintiff is unable to determine whether or not Defendant is not on active military service. 0R
Defendant is not on active military service. Plaintiff's statement that Defendant is not on active military service is based upon
following facts: Searched, Department of Defense Computer Records
the -
("Active military service" includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National
Guard, service under a call to active service authorized by the President or Secretary of Defense. For further information, see the definition of
"military service" in the Service members Civil Relief Act, as amended, 50 U.S.C.A Appx. § 521.)
I swear or affirm under the penalties of perjury that the foregoing representations are true. _
'r'il
i
Dated: 03/02/2022 SignaturcofAffiant: 'Dwggfggna,
Printed name & title: Diana Menefee Asset Recover Mani} er
' Seller Buyer
RETAIL INSTALLMENT SUPERIOR AUTO, INC. PHOENlX D MAGGINNIS
CONTRACT AND SECURITY 302 E 9TH ST CHRISTOPHER A VEGA
ROCHESTER. IN 46975 1203 FRANKLIN ST
No. 201556 IN 46975
ROCHESTER,
Date 02-03-2021 "We" and "us" mean the Seller above, "You" and "your" mean each Buyer above.
its successors and assigns. and guarantor, jointly and individually.
TRUTH IN LENDING DISCLOSURES
ANNUAL FINANCE AMOUNT FiNANCED TOTAL OF PAYMENTS TOTAL SALE PRICE
PERCENTAGE CHARGE The amount of credit The amount you will have The total cost of your
RATE The dollar amount the provided to you or paid when you have made purchase on credit, including
The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment of
as a yearly rate. 5 700.00
21.000 % $ 4,668.69 $ 13,632.45 $ 18,301.14 (3 19,001.14
Payment Schedule: Youflgayment schedule will be
Number of Payments Amount of Payments When Payments Are Due
78 234 .63 Bl WEEKLY. BEGINNING 02052021
Security: You are giving a security interest in the Motor Vehicle purchased.
Cl Late Charge: It a payment is more than N/A be charged N/A
days late, you will
N/A
CI This amount may change pursuant to Indiana Code §§ 24-451406 and 244.5-2203.5.
Prepayment: it you pay off this Contract early, you Ci may D will not have to pay a Minimum Finance Charge.
Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, detault. any
and prepayment refunds and penalties.
reguired repayment before the scheduled date,
CREDIT INSURANCE: Credit life. credit disability (accident and ITEMIZATION 0F AMOUNT FINANCED
health), and any other insurance coverage quoted below, are not
required to obtain credit and we will not provide them unless you 982-45 14-822~45
sign and agree to pay the additional premium. If you want such Vehicle Price (incl. sales tax of 5 ) $
insurance, we will obtain it for you (if you qualify for coverage). ' 0-00
Service Contract, Paid to: WA $
We are quoting below ONLY the coverages you have chosen to 14:32-45
purchase. Cash Price $
0-00
Credit Lite: Insured N/A Manufacturer's Rebate $
F] Single Fl Joint Prem. 5 0.00 Term N/A Cash Down Payment S 700-00
Credit Disability: Insured N/A Deferred Down Payment $ 0-00
Cl Single 1:] Joint Prem. $ 0.00 Term N/A a. Total Cash/Rebate Down $ 700-00
b. Trade(n Allowance $ 0-00
c. Less: Amount Owing s 0-00
Paid to (includes f.): N/A
d. Net TradeIn (b. minus c.) 3
0.00
Your signature below means you want (only) the insurance a. Net CashiTrade-ln (a. plus d.) 3 "33292
coveragelsl quoted above. If none are quoted. you have declined f. Amount to Finance line e. (if e. is negative) $_______Q~_°£
any coverages we offered. 700-00
Down Payment (e.: disclose as $0 if negative) $___
N/A N/A Unpaid Balance of Cash Price
14.122.45
Buyer d/olb Buyer d/olb Paid to Public Officials Filing Fees »
s_ 0-00
Insurance Premiums ' $___ -.999.
N/A N/A To: Superior Auto for Document Prep s 195.00 Pei:
Buyer dlo/b Buyer d/o/b To: Indiana BMV for Title Fee 3 15.00
To: DOUBLE DOWN $ 400.00
D SINGLE-INTEREST INSURANCE: You must purchase To. N/A s 0.00
single-interest insurance as part of this sale transaction. You may Total Other Charges/Amounts Pd. to Others 5 210-00
purchase the coverage from a company of your choice. Less: Prepaid Finance Charges $ 0-00
reasonably acceptable to us. If you buy the coverage from or through 13532-45
Amount Financed 6
us. you will pay 5 0-00 for MA 'We may retain or receive a portion of this amount.
of coverage.
Rand installmant Contract IN '' I RSSIMVUZ»IN 9125/2007
Bankers System- "I Custom MDF EINRSIMT
hiiiuiu'lVMI o1 b
Walters Kluwer Financial Sermes C9 l996. 2007
II I' u- ipmi "M. ,,,...m n: "NIP-"II l-y \Nll "wire in, A qr zluiiv 2mm '::21 Nzu: u ha". hrs-ii plzlillod to HMO :Imtiz. Hank N p'. .n ice- I in! tin: Lenders and . , .uicr. {:21'
y
Page 'I
the am, was {INTI-«I rm may-'11:); 0-: (If .y'. mt H5)
PREPAYMENT: You may prepay this Contract in full or in part at
PROPERTY INSURANCE: You must insure the Property securing
this Cfmtract. You may purchase or provide the insurance through any time. Any partial prepayment will not excuse any later
scheduled payments until you pay in full.
anyvinsutance company reasonably acceptable to us. The collision A refund of any prepaid, unearned insurance premiums may be
coverage deductible may not exceed $ 500.00 . If y0u
obtained from us or from the insurance company named in your
get insurance from or through us you will pay $ 000 policy or certificate of insurance.
to: N/A of coverage.
been given the opportunity to
GENERAL TERMS: You have
This premium is calculated as follows:
0-00 purchase the Vehicle and described services for the Cash Price or
Ci s 0-00 Deductible, Collision cov. s the Total Sale Price. The Total Sale Price is the total price of the
U S 0-00 Deductible. Comprehensives 0-00 Vehicle and any services if you buy them over time. You agreed
0-00 to purchase the items Over time. The Total Sale Price shown in
U FireATheft and Combined Additional Covr S
the TRUTH lN LENDING DISCLOSURES assumes that all
D N/A 0.00
s
payments will be made as scheduled. The actual amount you will
pay may be more or less depending on your payment record.
Liability insurance coverage for bodily injury and motor We do not intend to charge or collect, and you do not agree to
vehicle damage caused to others is not included in this
pay, any finance charge or fee, that is more than the maximum
Contract unless checked and indicated. amount permitted for this sale by state or federal law. If you pay
a finance charge or fee that is contrary to this provision, we will,
D SERVICE CONTRACT: With your purchase of the Vehicle,
instead, apply it first to reduce the principal balance, and when
you agree to purchase a Service Contract to cover N/A_ the principal has been paid in full, refund it to you.
N/A You understand and agree that some payments to third parties
N/A as a part of this Contract may involve money retained by us or
paid back to us as commissions or other remuneration.
This Service Contract will be in effect for N/A If any section or provision of this Contract is not enforceable,
the other terms will remain part of this Contract.
SALE: You agree to purchase from us, on a time basis, subject to
the terms and conditions of this contract and security agreement BALLOON PAYMENT: If any scheduled payment is more than
(Contractl, the Motor Vehicle (Vehicle) and services described twice as large as the average of all other regularly scheduled
below. The Vehicle is sold in its present condition, together with payments, you may refinance that payment when due. You may
the usual accessories and attachments. do so on terms as favorable as the terms originally agreed to in
this Contract. This right does not apply if your payment schedule
Description of Vehicle Purchased is adjusted for seasonal or irregular income.
Year 2013 VIN 204RDGCGQDR553299
OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving
Make DODGE Lic. No./Year us a security interest in the Property, you represent and agree to
Model GRAND CARAVAN L3 New E Used the following:
Other: N/A A.0ur security interest will not extend to consumer goods
unless you acquire rights to them within 10 days after we
enter into this Contract. or they are installed in or affixed to
the Vehicle.
B. You will defend our interests in the Property against claims
Description of Trade-In made by anyone else. You will do whatever is necessary to
N/A keep our claim to the Property ahead of the claim of anyone
else.
C. The security interest you are giving us in the Property
SECURITY: To secure your payment and performance under the comes ahead of the claim of any other of your general or
us interest in the secured creditors. You agree to sign any additional
terms of this Contract, you give a security documents or provide us with any additional information we
Vehicle, all accessions, attachments, accessories. and equipment
may require to keep our claim to the Property ahead of the
placed in or on the Vehicle, together called Property. and proceeds claim of anyone else. You agree we may file a financing
of the Property. You also assign to us and give us a security
statement signed by us instead of you with the appropriate
interest in proceeds and premium refunds of any insurance and
service contracts purchased with this Contract. public officials. You will not do anything to change our
interest in the Property.
D. You will keep the Property in your possession in good
PROMISE TO PAY AND PAYMENT TERMS: You promise to condition and repair. You will use the Property for its
13632 4 intended and lawful purposes. Unless otherwise agreed in
pay us the principal amount of s , plus
finance charges accruing on the unpaid balance at the rate of Writing, the Property will be located at your address listed
on page 1 of this Contract.
% per year from today's date until paid in
-
Preview
V " FEDEMTEDINSUIMNCE It's Our Business to Protect Yours W E \3 | N cLERKS "ACE "J 23. CLERK. FULTON 7 W Terry D. Howe Senior Marketing Representative 13652 E 100 N - Burnettsville, IN 47926 Cell: 574-581-0095 0 Office: 574-581-0095 TDHoweGfedins.com Filed: 111812123 3:32 P STATE OF INDIANA ) IN THE FULTON SUPERIOR COURT County, ) SS: 815 MAIN STREET, COURTHOUSE COUNTY OF EULTON ) ROCHESTER, INDIANA 46975 , (574) 223-3506 SAC FINANCE, INC. CAUSE NUMBER: 25D01-2206-CC-000273 Plaintifi' VS. PHOENIX D MAGGNNIS and CHRISTOPHER A VEGA Defendant(s) C"" a: ALIAS SUMMONS (4.2; P .1 TO THE DEFENDANT: CHRISTOPHER A VEGA JA}! 2 5 2132ESTATE ROAD16 .. _ , , / LUCERNE,IN46950 r m You have been sued by the person(s) named plaintiffls) in the above-entitled Court in FULTON County, INDIANA. The claim made against you is attached with this summons. The manner of delivering notice and the time within which to answer this claim are designated by an "x" below: certified mail: you or your attorney must file a written answer to the claim within twenty-three (23) days, commencing the day after you receive this summons, or judgment may be entered against you as claimed. XX personal service: you or your attorney must file a written answer to the claim within twenty (20) days, commencing the day afier you receive this summons, or judgment may be entered against you as claimed. An answer is considered filed when it is received in the office of the Clerk of the FULTON Circuit and Superior Courts, FULTON County Courthouse, ROCHESTER, INDIANA . The method you choose to deliver the answer to the Clerk is up to you; however, you should be able to prove that you filed your answer. If you have a claim against the petitioneds)/plaintiff(s) arising from the same transaction or occurrence, you must assert it in your written answer. The date and time of any hearing requiring your attendance is shown on a Notice of Hearing attached as a separate document. Examine all pages carefully. Failure to appear may result in judgment against you as claimed. Unless documents indicate otherwise, all hearings will be held in the designated court at the FULTON County Courthouse, ROCHESTER, INDIANA. 1/19/2023 Dated: .. l Clerk of FULTON Chem WTy: Courts ,- PERRY LAW OFFICE, P.C. ZORC Ramon S. Perry HI (PLAINTIFF) "A HE. 5532 Saint Joe Road PARTY massmen ' "SEE. Fort Wayne, Indiana 46835 (260) 483-3110 ( 29040-76) SEAL ATTORNEY NUMBER PRAECIPE DESIGNATING MANNER OF SERVICE worms TO THE SHEREF This Summons shall be served as follows: - TO THE CLERK This Summons shall be served as follows: - personal service certified mail Xx leaving a copy at dwelling or place of employment registered mail publication agent, other (describe in particular and note Trial Rule) other (describe in particular and note Trial Rule) CERTIFIED MAIL u indic'ted in the date issiied ftld. that a copy ofthis Summons"and the hereby certify that service by registered/certified mil at ROCHESTER IN.. was attenuated I herebyea'tify, clairnwuescnttothenamedpersods)althe " l'umishedby. ,' rifled I IS required by law to the person and address stated on the return receipt attached; and that ' therein. mail at ROCHESTER IN.. return receipt requested service was/was not made, ",lothe" inn Dale" J Date Issued Clerk of FULTON Circuit and Superior Court: Clerk of FULTON Circuit and Superior Courts ADMISSION OF SERVICE [received a copy of this Summons and the claim on this date and at this location: Signature of Party Relationship (if not the within named person) RETURN OF SERVICE BY SHERIFF OR OTHER OFFICER Place the letter in the space 1 ) to indicate the type of service I served a copy of this Summons and the claim as specified below: ( ) READING/delivering a copy (A) to the within named party: LEAVING A COPY for the within named party (B) with the SPOUSE, named: (F) with a SECRETARY, named: (C) with a RELATIVE, named: (G) with the ATTORNEY, named: (D) at the RESIDENCE, located at: (H) with this person (OTHER specify): - (E) with the EMPLOYER, named: " Specify name of person, work supervisor, place of business, or location where copy was Iefi.' and (if applicable) by sending a copy of this Summons by first-class mail to the last known address of the within named person as indicated below: Last Known Address of Person Named in the Summons (or Change of Address) I did n_ot serve the within Summons and claim because: ( ) (I) the party was NOT FOUND/NO SUCH ADDRESS. (R) the party was on VACATION. (J) the document EXPIRED. (S) the party was NOT FOUNDNACANT. (K) the party AVOIDED service. (T) the party was NOT FOUND/MOVED. (L) the party REFUSED service. (U) the party was NOT FOUND IN THIS BAILIWICK (M) the party was NO LONGER EMPLOYED at that address (V) INSUFFICIENT ADDRESS OR INFORMATION WAS GWEN. (N) the document was RETURNED BY THE AUTHORITY OF THE PIAINTIFF 0V) they are NO LONGER IN BUSINESS. (O) the party is DECEASED. (X) several attempts were made/UNABLE TO SERVE. (P) the party was UNKNOWN AT THAT ADDRESS. (Y) of the following reason (OTHER specify): - (Q) the party was on SICK LEAVE/LAY OFF. I affirm, under the penalty of perjury, that the foregoing representations are true. Date Served/Attempted Time Served/Attempted Signature of Sheriff of FULTON County, Indiana (or other Officer) By: (Printed Name of Process Server) (Signature of Process Server) Filed: 6/1/2022 4:39 PM 25001-2206-06-000273 Clerk Fulton Superior Court Fulon County. Indiana STATE OF INDIANA ) 1N THE FULTON SUPERIOR COURT ) SS: COUNTY OF FULTON ) CAUSE NO. SAC FINANCE, INC. Plaintiff vs. COMPLAINT 0N CONTRACT PHOENIX D MAGGINNIS and CHRISTOPI-IER A VEGA Defendant Comes now Plaintiff} SAC FINANCE, INC., by counsel, and by way of its complaint against the Defendant(s) alleges and says: " l. Plaintiff attaches an affidavit pursuant to Trial Rule 9.2, as Exhibit | ". 2. That Defendant(s), on or about February 3, 2021, executed a Retail Installment Contract and Security Agreement secured by collateral. A copy of said contract is attached hereto as Exhibit "2". 3. That at all times relevant hereto, PlaintifT was a corporation duly authorized to transact business under the laws of the State of Indiana and is the assignee of Superior Auto, lnc., as evidenced by a copy of the Assignment attached hereto as Exhibit "3". 4. That the Defendant(s) has/have defaulted on the terms of said agreement. S. That there is an unpaid balance of said account in the amount of $1 1,147.20, which amount Defendant(s) has/have failed to pay after repeated requests. A copy of the ledger is attached hereto and marked Exhibit "4". 6. That said agreement accrues interest at the rate of21.000% percent per annunt from November 5 2021 until date of judgment. 7. That said agreement provides for attorney fees if the contract is collected by or througli an attorney in the event of default. WHEREFORE, Plaintiff prays for ajudgment against the Defendant, PHOENIX D MAGGlNNIS and CHRISTOPHER A VEGA, iii the amount of $1 1,147.20, plus interest, attorney fees, court costs and any expenses incurred by Plaintiff as a result of Defendants default, and for all other proper relief in the premises. Respectfully submitted, PERRY LAW OFFICE, P By: R. TT P RRY, 6323-02 R NS ERRY III, 29040-76 L GA . GILBERT, 3602402 5 32 Saint .Ioe Road Fort Wayne, Indiaiia 46835 Telephone: (260) 483-31 10 Filed: 6/72022 4:39 PM 25001 -2206-CC-000273 STATE OE INDIANA .. ) SS: Fulton Superior COUW IN THE - A CIRCUIT/SUPERIOR COURT Clerk Futon County. Indiana ) COUNTY OF FU'W' ) CAUSE NO. SAC Finance, Inc. Plaintiflls) vs. AFFIDAVIT OF DEBT Pursuant to Trial Rule 55(B) PHOENIX D MAGGlNNIS Defendant(s) Cornea now afflant, and states: 1 Diana Menet'ee am DPlaintiff OR El a designated fulltime employee of SAC Finance, Int-'- (Name of Affiant) (Name of Plaintifl) l am of adult age and am fully authorized by PlaintilT to make the following representations are true according to documents kept in the normal course of Plaintiff's business and/or personal knowledge: Plaintiff? D is the original owner of this debt. OR has obtained this debt from SUPERIOR AUTO, Inc. and the original owner of this debt was SUPERIOR AUTO, Inc. PHOENIX D MAGGINNIS , Defendant, has an unpaid balance of S 11147.20 on account 5l26 (Name of Defendant) (last four digits or [D only) That amount is due and owing to Plaintiff. This account was opened on 02/03/21 . The last payment front Defendant was received on 10/06/21 in the amount of 3 235.00 The type of account is: El Credit Card account (i.e. Visa, Mastercard, Department Store, etc.) - List the name of the Company/Store issuing credit card: [3 Account for utilities (i.e. telephone, electric, sewer, etc.) D Medical bill account (i.e. doctor, dentist, hospital, etc.) D Account for services (i.e. attorney fees, mechanic fees, etc.) D Judgment issued by a court (a copy of the judgment is required to be attached) Other: (Please explain): Retail Installment Contract and Security Agreement This account balance includes: D Late fees in the amount of 3 as of (Month, Day, Year) Cl Other (Explain E Interest at a rate of 21 % beginning on 10/06/21 (Mandi, Day, Year) Plaintiff: E is seeking attorney's fees and additional evidence will be presented to the court prior to entry of judgment on altomey's fees. 0R U is not seeking attorney's fees. Plaintiff believes defendant is not a minor or an incompetent individual. If the defendant is an individual, plaintiff states and declares that Cl Plaintiff is unable to determine whether or not Defendant is not on active military service. OR I Defendant is not on active military service Plaintiff's statement that Defendant is not on active military service is based upon the following facts: Searched Department of Defense Computer Records ("Active military sen ice" includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National Guard, service under a call to active service authorized by the President or Secretary of Defense For further information, see the definition of "military service" in the Service members Civil Relief Act, as amended, 50 U.S.C.A Appx § 52l .) I swear or affirm under the penalties of perjury that the foregoing representations are true. -. Dated: 03/02/2022 Signature of Affiant ,l l' SUM )sl'ltl'ufli Printed name & title: Diana Menefec. Asset Recovery Manager STATE OFJNDIANA ) )ss IN THE . ' a" \ CIRCUIT/SUPERIOR COURT COUNTY OF FU'W' _ ) CAUSE NO. SAC Finance, Inc. Plaintiff(s) vs. AFFIDAVIT OF DEBT Pursuant to Trial Rule 55(3) CHRISTOPHER A VEGA Defendant(s) Comes now atriant, and states: |Diana Menefee am DPlaintiffOR a designated full-time employee 0f SAC Finance, Inc. (Name of Affiant) (Name of Plaintiff) I am of adult age and am fully authorized by Plaintiff to make the following representations are true according to documents kept in the normal course of Plaintiff's business and/or personal knowledge: Plaintiff: of this debt. 0R Cl is the original owuer has obtained this debt from SUPERIOR AUTO, Inc. and the original owner of this debt was SUPERIOR AUTO, Inc. CHRISTOPHER A VEGA , Defendant, has an unpaid balance of 5 11147.20 5126 on accOunt . (Name of Defendant) (last four digits or ID only) That amount is due and owing to Plaintiff. This acwunt was opened on 02/03/21 . The last payment from Defendant was received on 10/06/21 in the amount of$ 235.00 The type of account is: [3 Credit Card account (i.e. Visa. Mastereard, Department Store, etc.) - List the name of the Company/Store issuing credit card: D Account for utilities (i.e. telephone, electric, sewer, etc.) [3 Medical bill account (i.c. doctor. dentist. hospital, etc.) Cl Account for services (i.e. attorney fees, mechanic fees, etc.) D Judgment issued by a court (a copy of the judgment is required to be attached) B Other: (Please explain): Retail Installment Contract and Security Agreement This account balance includes: Cl Late fees in the amount of s as of (Month. Day, Year) D Other (Explain ) Interest at a rate of 21 % beginning on 10/06/21 (Month, Day, Year) Plaintiff': is seeking attorney's fees and additional evidence will be presented to the court prior to entry ofjudgment on attorney's fees. OR B is not seeking attomey's fees. Plaintiff believes defendant is not a minor or an incompetent individual. If the defendant is an individual, plaintiff states and declares that: D Plaintiff is unable to determine whether or not Defendant is not on active military service. 0R Defendant is not on active military service. Plaintiff's statement that Defendant is not on active military service is based upon following facts: Searched, Department of Defense Computer Records the - ("Active military service" includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National Guard, service under a call to active service authorized by the President or Secretary of Defense. For further information, see the definition of "military service" in the Service members Civil Relief Act, as amended, 50 U.S.C.A Appx. § 521.) I swear or affirm under the penalties of perjury that the foregoing representations are true. _ 'r'il i Dated: 03/02/2022 SignaturcofAffiant: 'Dwggfggna, Printed name & title: Diana Menefee Asset Recover Mani} er ' Seller Buyer RETAIL INSTALLMENT SUPERIOR AUTO, INC. PHOENlX D MAGGINNIS CONTRACT AND SECURITY 302 E 9TH ST CHRISTOPHER A VEGA ROCHESTER. IN 46975 1203 FRANKLIN ST No. 201556 IN 46975 ROCHESTER, Date 02-03-2021 "We" and "us" mean the Seller above, "You" and "your" mean each Buyer above. its successors and assigns. and guarantor, jointly and individually. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT FiNANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE CHARGE The amount of credit The amount you will have The total cost of your RATE The dollar amount the provided to you or paid when you have made purchase on credit, including The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment of as a yearly rate. 5 700.00 21.000 % $ 4,668.69 $ 13,632.45 $ 18,301.14 (3 19,001.14 Payment Schedule: Youflgayment schedule will be Number of Payments Amount of Payments When Payments Are Due 78 234 .63 Bl WEEKLY. BEGINNING 02052021 Security: You are giving a security interest in the Motor Vehicle purchased. Cl Late Charge: It a payment is more than N/A be charged N/A days late, you will N/A CI This amount may change pursuant to Indiana Code §§ 24-451406 and 244.5-2203.5. Prepayment: it you pay off this Contract early, you Ci may D will not have to pay a Minimum Finance Charge. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, detault. any and prepayment refunds and penalties. reguired repayment before the scheduled date, CREDIT INSURANCE: Credit life. credit disability (accident and ITEMIZATION 0F AMOUNT FINANCED health), and any other insurance coverage quoted below, are not required to obtain credit and we will not provide them unless you 982-45 14-822~45 sign and agree to pay the additional premium. If you want such Vehicle Price (incl. sales tax of 5 ) $ insurance, we will obtain it for you (if you qualify for coverage). ' 0-00 Service Contract, Paid to: WA $ We are quoting below ONLY the coverages you have chosen to 14:32-45 purchase. Cash Price $ 0-00 Credit Lite: Insured N/A Manufacturer's Rebate $ F] Single Fl Joint Prem. 5 0.00 Term N/A Cash Down Payment S 700-00 Credit Disability: Insured N/A Deferred Down Payment $ 0-00 Cl Single 1:] Joint Prem. $ 0.00 Term N/A a. Total Cash/Rebate Down $ 700-00 b. Trade(n Allowance $ 0-00 c. Less: Amount Owing s 0-00 Paid to (includes f.): N/A d. Net TradeIn (b. minus c.) 3 0.00 Your signature below means you want (only) the insurance a. Net CashiTrade-ln (a. plus d.) 3 "33292 coveragelsl quoted above. If none are quoted. you have declined f. Amount to Finance line e. (if e. is negative) $_______Q~_°£ any coverages we offered. 700-00 Down Payment (e.: disclose as $0 if negative) $___ N/A N/A Unpaid Balance of Cash Price 14.122.45 Buyer d/olb Buyer d/olb Paid to Public Officials Filing Fees » s_ 0-00 Insurance Premiums ' $___ -.999. N/A N/A To: Superior Auto for Document Prep s 195.00 Pei: Buyer dlo/b Buyer d/o/b To: Indiana BMV for Title Fee 3 15.00 To: DOUBLE DOWN $ 400.00 D SINGLE-INTEREST INSURANCE: You must purchase To. N/A s 0.00 single-interest insurance as part of this sale transaction. You may Total Other Charges/Amounts Pd. to Others 5 210-00 purchase the coverage from a company of your choice. Less: Prepaid Finance Charges $ 0-00 reasonably acceptable to us. If you buy the coverage from or through 13532-45 Amount Financed 6 us. you will pay 5 0-00 for MA 'We may retain or receive a portion of this amount. of coverage. Rand installmant Contract IN '' I RSSIMVUZ»IN 9125/2007 Bankers System- "I Custom MDF EINRSIMT hiiiuiu'lVMI o1 b Walters Kluwer Financial Sermes C9 l996. 2007 II I' u- ipmi "M. ,,,...m n: "NIP-"II l-y \Nll "wire in, A qr zluiiv 2mm '::21 Nzu: u ha". hrs-ii plzlillod to HMO :Imtiz. Hank N p'. .n ice- I in! tin: Lenders and . , .uicr. {:21' y Page 'I the am, was {INTI-«I rm may-'11:); 0-: (If .y'. mt H5) PREPAYMENT: You may prepay this Contract in full or in part at PROPERTY INSURANCE: You must insure the Property securing this Cfmtract. You may purchase or provide the insurance through any time. Any partial prepayment will not excuse any later scheduled payments until you pay in full. anyvinsutance company reasonably acceptable to us. The collision A refund of any prepaid, unearned insurance premiums may be coverage deductible may not exceed $ 500.00 . If y0u obtained from us or from the insurance company named in your get insurance from or through us you will pay $ 000 policy or certificate of insurance. to: N/A of coverage. been given the opportunity to GENERAL TERMS: You have This premium is calculated as follows: 0-00 purchase the Vehicle and described services for the Cash Price or Ci s 0-00 Deductible, Collision cov. s the Total Sale Price. The Total Sale Price is the total price of the U S 0-00 Deductible. Comprehensives 0-00 Vehicle and any services if you buy them over time. You agreed 0-00 to purchase the items Over time. The Total Sale Price shown in U FireATheft and Combined Additional Covr S the TRUTH lN LENDING DISCLOSURES assumes that all D N/A 0.00 s payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. Liability insurance coverage for bodily injury and motor We do not intend to charge or collect, and you do not agree to vehicle damage caused to others is not included in this pay, any finance charge or fee, that is more than the maximum Contract unless checked and indicated. amount permitted for this sale by state or federal law. If you pay a finance charge or fee that is contrary to this provision, we will, D SERVICE CONTRACT: With your purchase of the Vehicle, instead, apply it first to reduce the principal balance, and when you agree to purchase a Service Contract to cover N/A_ the principal has been paid in full, refund it to you. N/A You understand and agree that some payments to third parties N/A as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. This Service Contract will be in effect for N/A If any section or provision of this Contract is not enforceable, the other terms will remain part of this Contract. SALE: You agree to purchase from us, on a time basis, subject to the terms and conditions of this contract and security agreement BALLOON PAYMENT: If any scheduled payment is more than (Contractl, the Motor Vehicle (Vehicle) and services described twice as large as the average of all other regularly scheduled below. The Vehicle is sold in its present condition, together with payments, you may refinance that payment when due. You may the usual accessories and attachments. do so on terms as favorable as the terms originally agreed to in this Contract. This right does not apply if your payment schedule Description of Vehicle Purchased is adjusted for seasonal or irregular income. Year 2013 VIN 204RDGCGQDR553299 OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving Make DODGE Lic. No./Year us a security interest in the Property, you represent and agree to Model GRAND CARAVAN L3 New E Used the following: Other: N/A A.0ur security interest will not extend to consumer goods unless you acquire rights to them within 10 days after we enter into this Contract. or they are installed in or affixed to the Vehicle. B. You will defend our interests in the Property against claims Description of Trade-In made by anyone else. You will do whatever is necessary to N/A keep our claim to the Property ahead of the claim of anyone else. C. The security interest you are giving us in the Property SECURITY: To secure your payment and performance under the comes ahead of the claim of any other of your general or us interest in the secured creditors. You agree to sign any additional terms of this Contract, you give a security documents or provide us with any additional information we Vehicle, all accessions, attachments, accessories. and equipment may require to keep our claim to the Property ahead of the placed in or on the Vehicle, together called Property. and proceeds claim of anyone else. You agree we may file a financing of the Property. You also assign to us and give us a security statement signed by us instead of you with the appropriate interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. public officials. You will not do anything to change our interest in the Property. D. You will keep the Property in your possession in good PROMISE TO PAY AND PAYMENT TERMS: You promise to condition and repair. You will use the Property for its 13632 4 intended and lawful purposes. Unless otherwise agreed in pay us the principal amount of s , plus finance charges accruing on the unpaid balance at the rate of Writing, the Property will be located at your address listed on page 1 of this Contract. % per year from today's date until paid in -