Preview
FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/15/2018
"A"
EXHIBIT TO COMPLAINT
FiledinOrange County 08/15/2018 03:22:51 PM $0.00 Bk: 5132 Pg: 922 Index: # EF008635-2Ó18 Clerk: KP
FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/15/2018
NJ-102 10/10/2015
Retail Installment Contract and Security Agreement
Seber Name and Address Buyer(s)Ndme(s) and Address(es) Summary
ROMAN CHARIOT AUTO SALES NEAL WILKINS No.
346 US HIGHWAY 9 4 UNDERHILL RD Data 04/26/2017
MANALAPAN, NJ 07726 MIDDLETOWN, NY 10940
O Business commercial or agricufteral
purpose Contract.
Truth-In-Lending Disclosure .
Annual Persentage FinanceCharge Assount Fmanned Totalof Payments Total SalePrice
Rate;
· The·total
cost of your
as
The cost of your credit The doUar amount the The ampunt of credit The amount you wiB have
a yearly rate. wiD cost you.
credit providedto you or on paid when youhavemade purchaseon credit,
your llahalf. all scheduled payments.. your down
including
payment àf
$ 1.3,000.00
7.74 % $ 8,467.00 $ 32,000.00 . .3 . 40,467.00 $ 53,467.00
Payment Schedule.Your payment·scheduÍe
is
Wo. of Amnunt of Payments When Payments are Due
Payments
75 53956 , MONTHLY BEGINNING 5/26/17
Security..You in the Property
ars giving us a securityinterest purchased.
Late Charge. 10 days late, you wiH be charged 5% of. the unpaid emount
If a payment.is mors then of the payment that
due. except if the
Property for personal
is primarly family,er hoissehold use and the cash price is $10,000
or less the charge for late
paymentwin be $10,
Prepayment early, you will not have to pay a penalty.
If you pay off this Contract
CentractProvisions.You can see the terms of this Contract
for any·additionalinformation
about nonpayment, any required
defairlt,
rapeymen) bef oys thq scheduled date, and prepayment
refundsand penalties.
Year Make . Model Style Vehicläfdentifü:ation
Numbgr Odometer MHeage
2015 JAGUAR XF 4DR SAJWJ0FF4FBUS2158 29726
0than
O Naw
AD llsed
O Demo
Description of Trade In Gonditional Deliver y .
Q Conditional If checked,.you
Delivery. the felowing
agree that
N/A
agreement regard c ("Agreement1
ring financing applies:
part of this Contract.
The Agreement.is The Agreementwill no longer
control
af tar the assignment
is acceptedIf there
are any conflicts
between the terms
of the Agreement.and the terms·of
the Contract.
this Contract.Will
apply.
II Ces J Motforugaintransin½nsesswadbr.a
dwnhp S J1 c/2015
FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/15/2018
Sales Agreemelst Insûrance Disclosures
Payment. You promise to pay ds the principal
amount of Creditinsurance.Credit life insurance
pays all or part
of the amount
$ 32,000.00 ph the time price dif farantial you owe·under this Contract pays only the
if you die. This insurance
7.74
accruing on the unpaid balance at the rate of . . % per amount you wouldown if you ptideal
your paymentson time. Credit
year from until maturity,
the date at this Contract maturit y, or
After ·disability pays all or part
of the paymentsdue under this Contract
·after you default
and we demand payment,we win eam the time whila you•ara-disabled.
Tiiis insurance does not cover any increase in
on the unpaid balance at
price differentlal 7;74 % per your paymentor in the number of payments.
See the polhiies or
agree to pay this·Contract certificates
from companies f or the details
the named insurance of
year,You according to the payment
shown in the Truth-In-Len&ng
schedule and.late charge provisions provida, and for other terms
the coverage these types of insurance
and comlitions.
Credit life and.credit and health)
laccident
disability
Disdosure.You elso agras to pay any ad(litional
emounts-secording
Contract. are not required to obtain creditand
are not a f actor
in the credit
to the terms of this
and conditions
decision. We will not provide them unless you sign·ami agree to pay
the additionalpremium.
If you want we win obtain it
sych insurance,
/temization of Amount for you GI you:qualif y for
coveragetWe are quotingbelow enlythe
$. 37,573.00 chosen to purchase.
..coverages ydu.have
a. Cash Priceof VehicTe
b. Trade·ln a owatce $ N/A .Credit
Life
c. Less: Amountowing,paid to Gncludes U: O Single O Joint 121 None
N/A Premium $ N/A Term
d. enter 40
Net Trade-In (b-c: if negative, Inswed
here and enter the amount on lina l)
$ 0.00
CreditDisability
e. Cash payment $ 13,000.00
N/A
O Single O JointE None
f. Manufacturer's
rebate. $
Premhnn $ N/A Ternt
g. Otherdown payment (describe)
Insured
$ . N/A
h. Bown Payment (d+e +.f+g) $ 13,000.00 .
L Adjusted Cash Pdes (a·h) $ 24,573.00
have declined
1. Sales Tax troduced as required due to the coverage we
offered .
value,of
like trade•in) $ 2,928.00 ..
k. of Cash Price (i+j)
Unpaid balanta $ 27,S01.00
L Financed trade-in
balance (seelina.d)$ N/A
- N/A
filing fees
m. Paid to public officials $
- supplemental DOS
n. .Paid to public officials
title
fee . $ 200±00
c. - other than filing
Psid to public officials
fe $ . N/A
By: DOB
p. Insurance prgmiums paid to insurance
companylies) $ N/A
q. Service Gontract,
paid to:
AI.LSTATE 4,000.00
By: D0B.
r. ToÏDealer,Service Fee 299.00
s. To: $ N/A PropertyInsurance.You must Insura the.Property.
You may
t. To: $ N/A purchase or provide the insurance through
any msurance company .
u. To: N/A reasonably seceptable.to
us. The collisibn coverage deductible
may
To- g N/A not exceed $ N/A If yed get insurance from
v.
w. To: $ N/A or through.us
ydu win pay $ N/A fof
x. To:. $ N/A N/A of coveraire.
y. Tb: $ N/A .
This premium is calculated
as fonows:
A
O $ N/A +Deductible, CoHision Cav.
$ N/A,
O . .N/A .Deductibia, Comp. Cov._$.N/A
bb Total 0ther G thru ma)$
ChargaslamisPald 4,499.00
O Fire-Thef t.and
Combined Additional
Cov. $ N/A
cc.Principal
Balance (.k+bb) $ 32.000.00
O N N/A
dd.Time PrIsa Differential 8,467.00
se.Thne Balance (cc+dd) $ 40,467.00 THIS DOES N.DT INCLUDE INSURANCE DN YOIIR LIABILITYFOR
it.Prepaid Finance Charge $ N/A BOD.ILY IRJURY WITHollT
ORPROPERTY DAMAGE SUCil
gg.Amannt Financed.(it+bb-ffl $ 32,000.00 YOU MAY NOT GPERATE THIS .
INSURANCE, VEllICLliSN .
hh.Time Sale Price (h+e8) $ 53,467.00
pggggg;1UGHWAYS. .
We may retain of any amounts paid to others.
or raceive a portion
a.ran r,carga na w mmrm.man.--.m. w e. ananors
C2016
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FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: , 08/15/2018
.
O Single-interest
Insurance.You must purchase single.-interestPerchase You agree to purchase the Property·lrom
of Property.
of ties sale transaction.
insurance as part You may purchase the to the terms anil conditlons
Seller, subject Seller will
of this Contract.
acceptable
a company of your choice, reasonably net repairs or additions
tp the Vehicle except
es noted in
coverage from tg make:any
the Descetza of Prgertysection.
us. If you buy the coverage
framer-throughus, you will pay
$ N/A for You have been given the opportunity and
to purchase the·Property
of coverage, descrhed Cash Price er the Tote) Sale Price. The
services forthe
"TotalSak price-of
the total
Price'Is if you buy it over
the Property
tune.
Additional Protections
General Tenna.The TotalSale Price·shown
in the
Truilt-la-Lendirrg
You may buy any of thefellowingvoluntary plans.
protection
Disclosure
assumes thatall payments
will be made.as scheduled. The
They arenet requiredtoobtaincredit,aranote fasterinthe
ectuakamountyou wiR pay Will'bé more if you pay fate and less if
oreditdecision,andare nota factorin the terme·of
thecreditor
You Pey early.
the sale of the·Vehicle.
related The voluntaryprotectionewillnot
be providedunlessyou signand agree to pay the additional
coat. We do notintendto charge or collect.
and you do not agree to pay,
any time price dif ferential
or fee that
is more than.the'maximum
Your signature
belowmeans thatyou wantthe-described and
itant . smount.permitted
for this sale by state
er federal
law If ymi pay a
that you have received and reviewed>a copy of the :=tr=t(s)·for
the time price dif ferentiator
fee that
exceeds that
maximuni emount, we
II'ne coverage
product(s). you have
or charge is given for an item, wilfirst to reduca the principarbalance
apply the excess amount anB,
declined any such coverage we
offered. when the principal
has been paid in ful,
refund amount
any-remaining
to you.
You utiderstand
and·ggree.that
sofne paymentsto third as a
pgrtier
Te rm . 36 MONTHS OR MILES
60 , 000
part.ot
this Contract
may mvolve money retained by us or paid back
Price $ 4.000.00 . tollsas commissions or other
remuneration.
Coverage JEFER TO SERVICE CONTRACT
You agree that wiR not he.used as a dwelling..
the Property
Prepayn)ent.You may prepay in full or in·part
this Contract at any
O Gap Weiver er Gap Coverage
time without
penalty. not excuse any
will
Any partial.prepayment
Te m
If we get a iiifund
later scheduled payments. of any unearned
. Phce $ N/A
insurance premiums that
you paid, you agree that
we may subtract
Coverage the refund from the amount you owe,
unless otherwise
provided by
rew.
O
IIeturnedPayment Charge. If you make any payment
required by
Term
this Contract
thatis returbed to insuf ficient
uhcollected.due funits in
Price $ N/A
to pay a fee of -$20.
your account, you·agree
Coverage
Severning 1.aw andInterpretatión.
This Contract
is govemed by
- and applicable.federal -
the few of NewJersey law and regulations.
If any section dr provision of this Contract
is not enforceable,
the
04/26/20t7 other terms win remain.part
of this,Contract. us to
You authorite
By: NEAL W. I Data correct error or emissions in this Cotttract
any clinical or in any
refited
document.
Name andlocation. this.
Your name and address set f orthin
Centractare your exact
legal.name and.your principal
residence.You
By: Date wiU provide us with
at:least
30 days notice before you change your
name·or principal residence.
N/A Telephone Monitéringand Calling.
You agree that
we inay from
time to.time
monitorand record
telephona calls made or received by
es.or our agents regardihg
your accountto assure the qualit y of our
the eccount
service..In order for us to service or to conect
eny
Additional Terms of the Sales amounts you may owe, and subject
to agiplicable law,
you agree-that
Tontract" we may from time to time make calls and send text
messages to you
Definitions. refers to this Retail Installment
Contractend
"your" camg.prerecorded/artificial
voice messages or througli
the use of an
SecurityAgreement.The pronouns"you"and teler
to each
Buyer signing this Contract,·and
any guarantors, and
jointly
automatic telephone number you prov.ide to us
dialing device.at any
The p.ronouns be","es"and
individually. to the Seller
"our"refer . in connection
with ysut a mobile telephone
account,.including number
"IQkiefe" thatcoukf result in>charges to you.
to which
and·any entity it may transferthis
Contract.
means each motor vehicle described in theDescriptien
of Property
section."Property' Defeult.You win be in default
on this Contract
lexceptes prohibited
means the Vehicle.and all otherproperty
bylaw)ifyou feD to perfo:m that
any obligation you have undertaken
and MditionaiProtections
described in the Descriptionofl¾pertr
sections. In'this
Contract. . .
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FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/15/2018
If the Property for personal, family,
is primarily or household use, and + If we give up any of our rights,itwig your duty
not effect to pay
the cash price is $10,000
or.less, if you default
yoü agres tir pay . this
Contract.
atterneys'
fees of 20% of the first
$500and 10% on anyexcess of + If we-extend
new credit
or renewthis Contract·, it will
not affect
the emost due and payable under this Contract, for
if.referred . your duty
to pay this.Contract
coBection to.an
attorneynot a salaried employee of ours. For other
Warranty. Warrantyinformationis provided to you separately.
if we hire an attomey
transactions, whats·nota salaried employee to
conect whatyou.owe,you will reasonable fee and
pay the attorney's Securit y Agree jnent .
the law permits.
court.costs
Security.To secure your payment
and performance
under the terms
If an event of default
occurs as to any of you, we may exercise our
of this you giva us a security
Contract, interest
in the Vehicle, all
shy or all ef.you.
remedies against
accessions,
attachments, add equipment
accessories, placed in or on
Remedles. If ypu are.in default
on this Centract,
we have al.of
the the Vehicle and in all otherProperty,You
also assign to us and give us
remedies provided by law and this Contract.
Those remediesinclude: a security in proceeds
interest and premium refunds
el any insurance
+ end service contracts
pay us, subject to any refund
We may require you to immediately purchased with
thisContract.
the remaining uggeid·balance of the amount
requhed by law,
DetiesTowapIProperty. By giving us a security
interest
In the
time price.differential
financed, and an other
agreed charges.
represent
end agree to the
followingr
• assessments, or other liens.or make repairs
We may pay taxes,
• You will
defend mir interests
in the Property
againstclaims made
to the Prope if.youhave not dondso.
We are not required to
amount by anyone else. You wiG:keep our.claim
to the Property
shead of
do.:o.You w reliny us that immediately.
That emount
the clenn of anyone.else, You wdl not do anything
to change our
wig earn the time price differential
from the date we It:at
sterest.in -
the Property.
rate described in the Paymenrsection
the contract untd aidin
fuU. • You win keep the Property
in your possession and in good
condition
andrepair.You willuse for its intended
the Property
+ We may require you.to available to us at a
malie the Property
anilawfufpurposes.
pieca we designate.that
is reasonably convenient
to yetiandus.
+ You agree not to remove the Property
from tite
U.S. without
our
• We·may immediately by legal
take possession of the.Property
pnor wnttenconsent.
process or self..help, but Jn doing so we'may
not breach the
+ You willinot.attempt
to sell the Property,
transfer
any rights
m
peace or unlawfugy
enter onto your premises.
pr grant
the Property, anotherlien on the Proper ty without
our
+ We may then sell the Property we receive as
and spply what prior consent.