Preview
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
"A"
EXHIBIT TO MOTION
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF
NYSCEFAlert: DOC. - Commercial
OrangeNO. 6 - Contract -
EF008635-2018 Bank - v.- Neal Wilkins et
(Ally al)
From: efile@nycourts.gov
Date: 8/15/2018 4:09 PM
To: susan.rwfk@frontier.com, rwfk@frontiernet.net
Orange County Supreme Court
ASSIGNMENT OF INDEX NUMBER
On 08/15/2018, at 3:22:51 PM, the case commenced by the following ê|êctrariic filing:
Document number: 1
Document type: SUMMONS + COMPLAINT s&c
Caption: Bank - v.- Neal Wilkins et al
Ally
was assigned the following index number:
index Number: EF008635-2018 ..
Date of Filing: 08/15/2018
Filing User information
User Name: ROBERT FINK
Email Service Address: rwfk@frontiernet.net
Work Address: POB 900, 210 Main Street, Goshen, NY, 10924 .
Phone Number: 845-294-9721
Fax Number: 845-294-3131
Payment Information
Amount: $210
Payment Date: 08/15/2018
Payment Method: AMERICAN EXPRESS
Authorization Code: 221303
Cornments:
E-mail Service Notifications Sent
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCE F Alert:
NYSCEF DOC. - Commercial
OrangeNO. 6 - Contract - charges to you.
to which it may transferthis
and·any entity
means each motor vehicle described in the Description
of Property
g,g,,g, y,,,¡g default
g,.in on this Contract
(except as.prohibited
section.
"hyperty means the Vehicle and all stherproperty
described in theDescrptian
of Propertyend MMtionofProtecdons by law) if you fail to perform
any obligation
thatyou have undertaken
sections. In·this Contract.
Reg a Cs,m Notfer-use
in 1,mmWtions
secwedby ndweWng. 10/10/20t&
WakesKlumerFinangles
SeMoss3 201B Page3 af6
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
If the Property for personal, famgy, or household use, and
is prirnerily • If we give up any of ourrights,
it will not effect
your dutyto pay
or less, if you default
the cash price is $10,000 you agree to pay thisContract.
attorneys'
fees of 20% of the first
$500 and 10% en any excess of • If we extend new credit
or renew this it willnot
Contract, affect
the amountdue and:payable under this Contract,
it.referred
for to pay this-Contract.
. your duty
colection not a seinried employee of aurs. For other
to.an. attomey . Warranty.
Warrantyinformationis provided
to you separately.
if we hire an atterney
transactions, whe1s not a salaried employee to . .
cogect whatyou-ows. reasonable fee and
you wiU pay the attorney's Securit y Agreement . .
the law permits.
court.costs
Security.To secure your payment
and performanceunder the terms
of default
If an event occurs as to any of you, we me y exercise our
of this Centract,
you give us a security
interest
in the Vehicle, ell
any er ell of. you.
remedies against
accessions,
attachments, arid equipment
accessories, placed in or on
Runedles. if you are in default
es this Centract,
we have al ef the the Vehicle end in ell other Property.You
also assign to us and.give us
remedies provided by law and this Contract.
Those remedies.include: a security in proceede and premium refunds
interest of any insurance
• and service contracts
We may require you to imrnediately pay us, subject to any refund purchased with
thisContract.
required by law, the remaining unpaid·balance of the emount
DutiesToward Property.ilygiving us a security
interest
in the
time price.differential
financed, and ell other
agreed charges'
Papsty, you representand agree to the
followingr
• We may pay taxes, essessments, or other liens.or make repairs
• Yon witdefend oiit
interests
inthePropertyagainstclaims made
if you have net done so. We ore not required to
to the Property
by a one else. You wdlikeep
our claim
to the Property
shead of
amount immediately.
do so. You wig regiay us that That emount
the c m of anyne elses You will
not do anything
to chantle our
wiA eam the time price differential
from the date we paIt at
interest.in
the Property.
rate described.in the Paymeer section until
the contract aidin
fu . • You will
keep the Property
in your possession
and in good
condition
and repair. You will·use for itsintended
the Property
+ available to us et a
We may require you.to malie the Property
endlawful.purposes.
place we designate that
is reasonably convenient
to you shd us.
+ You agree not to remove the Property
from the U.S. without
our
+ We may immediately by legal
take possession of the.Property
Prior written
consent.
processor self-help, but in doing so we'may
not breach the
• Yoe willrnot
attemptto sell the Property,
transfer
any rights
m
peace or unlawfuUy enter onto your premises.
or grant another lion on the Property
the Property, withoutour
• We may then se the Property we receive as
and spply what prior consent.
written
provided w to our reason:hle
expenses end then toward
+ You wN pay at tases and·assessments
on the Property
es they
-become due.
• We may, as allowed by law, sue you fo.r additional
amounts if the
+ You wiR notif y us with
reasonable promptness
of any loss or
proceeds of acsalede·not pay elf of the emounts you owe us.
damage to the Property.
By choosing any one or more of these remedies, we do not give up
• You will provide-us
reasonable access to the Property
for the
aur right to later use·anather remady. By deciding not.to
use.any purpose of insclipn.
Dur entryand inspection
must be
remedy, we do not give up our right to consider the event a default
if eccomplished wfully,and without‡reaching
the ireace,
it happens again.
4mement to Provideinsuram You agree to pavide.pmpety
You agree that insurance on the Propett y protect-mg against
if any notice is required to be.given to you of an loss and physical
of the Property, notice
intended sale,ortransfer is reasonebin>if damage and.subject
to a maximum deductible
amount in the
indicated
mailed to your last known
address, as reflected
in our records, at hsruance Mschsaras or as we will otherwise
section, require. You
(or such win name us as loss payee on-any such policy.
teast 10 days before the date of the Intended sale or transfer GeneraGy, the loss
otherperiod of time asis
required by law). payee is.the.one
to be paid the policy benefits
in case of loss or
Iniha
demede·to the Property. event of loss.or darnage to the
we may take possession of·personal
You agree that left
property in or
Propmw we they require additional or assurances of
security
on the Property
securing this Contract
and taken
into possession as
payment Wom we atow insuranceprocepto be used to·repe r ar
provided shove. You may have a right to recover that
property.
replace the Property.You
agree that
if the msurance
proceededonot
If the Property
has an electronic
trackingdevice, you.agree that
we cover the emounts
you still
owe uscyou.will
pay the difference.
You
may ase the device to find the vehicle. will keep the insurance in full until this·Contract
force and effect is
peM,
ObligationsIndependent.Each person who signs this Contract
agrees to pay this
Contract terms. Tliis means the
according taits .11you fail to obtaiñ or maintain
this insurance,
or name us es.loss
foHowir5 payee, we may obtain insurance to protect
our interest
in the
• You mustpay this Contract Property.
even.if sorneone also has also signed Thisinsurance
may be writtenby a companyotherthan one
it. you wouldchoose. be written
lt.may at arate
higher than a rate you
+ We may release any co-beyer ar gueraptor
and you wiB still be could obtain if you purchased the.property
insurancerequired by this
shEgeted to pay this Contract. Centract.We wMI add the premium for this insurance
ro the amount
you owe us emount WM eam Ge fune:priceEmentiaHrom the
+ and you will still be obligated to pay
We.rñay release any security
date paid at
the contract
rate described.in
the Payment section until
this Contract.
paid in full,
Woltura( runclulservloes
02015 Page4 of s
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
Gap Walver or Gap Coverage. or damage to the
In the event of theft Third Agreement
Party
Vehicle thattesults
in a totaf foss, there may be a gap between
the
have an ewnership
(This section applies ONLY to a person who will
amount due under the terms of the Contract your
and the proceeds ef
to pay this
but is NOT a Buyer abligated
.mterest in the Property
end deductibles. You are liable for
insurance settlement this
Centract("Third
Party Owner").)
You have the option of purchasing
difference. 6ep Weiver or Gap
Coverage to cover the gap Bability, subject to any conditions
and "Poe"means
.In this section.only only the person signing this section.
exclusions in the Gap Waiver or Gap Coverage agreements you agree to give us a security
interest
in the
By signing below
. . . . .Property described in the DescriotianotProperty you also
section.
IVotices . of this Contract
agree to the terms except that
jou willnot be liable
for e paymentsh regures.Your interest
in the Property
may be
Aste.If theprimary ts son-consumer
one of the Vehicis thisIs
used to satisfy
the Buyer s obligation.
You agree that
we may renew,
not a censanercontract,and the fellowing
noticsdoes.not
extend or change or Property
cr release any party
Contract,
apply,NOTICE. ANY HOLDER·0F THIS CONSUMER CREDIT
. without you from this Contract.
releasing We may take these steps
CONTRACT IS SUBJECT TO ALL CLAIMS AAU DEFENSES .
whut nake or demand upon you,
WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER 0F
80008 On SERVICES GBTAINED PtIRSUANT IlERETO UR WITIl You acknowledge receiptof a carnpleted
copy of thisCentract.
TNEPROCEEDS RERE0F, RECDVERY HERElINDER By TilE
DEBTOR SilALLNOT EXCEED AMOUNTS PAID BTTHE DEBT0n
HEREUNDER. N/A
Ifyois are a used vehicle: The 'Information you B.y: Date
buying
see on the window form for thia vehicle ispart of this Signattire.of
ThirdParty Owner (NOT the Buyer1
contract. Inforenation on the window form overrides
at)y contrary provisions.in the contract of sale.
St compra un vehicuto usado: La Informacien que ve
acBieridaen la ventamina forma parte de éste cetr=tc.
La Informaci615 contenida en elformulatio de la
ventanlile prevalece .per sobre toda otre disposición en
contrarlo Inclulda an el contrato de compraventa.
/TAiraraiorentionaW kitNant) k/tMamtl
[DMraraaintentiona|V
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
O ElectronisSignatureAcitnowledgment. You agree-that
p} you .NOTICE TO RETAIL BilYER
viewed and read this entira
Contractbefore signing it, fii) you signed
Do notsignthisCentractin blanit
with
this Contract one or more electronic (iii) you intend
signatures,
to enter into this Contract signatura has the same
and your electronic You are entitled
to a copyof theCentractat thetimeyam sign.
affectas your written G9) you received a paper copy of
ink signature,
after
this Contract copy of
it was signed, and ty) the.authoritative
below, you agreeto the tble
terrns·of Contract.You
shall reside in a document management system
this Contract held by ; By signing
I received
a copy of this
Centract and had a chanceto readsad
Seller in the ordinary course of business. You understand that
Seger
to enother
this Contract
may transfer for m
company in the electronic review you sign
it before .lt.
Blectronic fomrwhich
or Rs 8 pAp9r Varsion of that wouldthen
copy. Sellar or thstother
become the.authoritative company may Bayer
enforca or as a paper version of
ht the electronic,form
this Contract
that form. You may enforce
electronic the paper version of the
Contract youreceived·
copy'that ..- 041261t7
By: NEAL WIL INS Date
Siy na ture IV otices ;
The Ammal Percentage Rate may be negotiable withthe
NIA
Sellet.The Settermay ass n thisContractamf retainitsrght
. Rete
to receivea partofthe Finance Charge.
Signatures
. N/A
EntireAgreement. agreement is.contained
Your and our entire in By: Date
There a
this Contract. no unwritten this
agreements rajjarding
Contract.Any cha o thiContract and
st be inwriting Seller ROMAN CHARIOT AUTO SALES
signed by you a ut
04/26/17
04/26/17
Bý: Date
By:NEAL W KINS Data
· Assignment.Thä Contractand Security
Agr===!it is assigned to
N/A ALLY FINANCIAL INC
By: Date PO BOX 8140 COCKEYSVILLE, MD 21030
the Assignee, phone 476-- 74S$, This assignment
is made under the terms
of a separate
agreement made between
N/A and Assignee.
the Seist
By: Date
O This Assignment recourse.
is made with
SellerROMAN CHARIOT AUTO SALES
4/26/17
[TNsornaenantionaRy left Rord)
R anan 1 Nottarunn\Mtaramansions
byn dweC\ëne•
eacmed 9 t10f2025
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
"B"
EXH1BIT TO COMPLAINT
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
Administration
Title NO. - Electronic Title Document PageNYSCEF:
1 of 1
NYSCEF DOC. 6 RECEIVED 09/17/2018
Electronic Title Document
• ELT*NY
Title# : Title Type :
Issue Date : 05/31/2017 Lic/Tag/Control # :
VIN: SAJWJ0FF4F8U52158
Vehicle Info: 2015 JAGUA
Brand code:
Odometer Reading:
Date: 00/00/0000
Status:
Owner information
Owner Information: WILKINS, NEAL RD
Co-Owner:
Third Owner:
Owner Address: 4 UNDERHILL RD AP 4G
MIDDLETOWN, NY 10940
. .
Lienholder information
Lienholder: ALLY FINANCIAL
P O BOX.8138
. .
COCKEYSVILLE, MD 21030
2nd Lienholder Name:
ELT Sent Date: 05/31/2017
Lien Type:
Owner Driver License #:
PDP Doc Ref: 50000024526 / 00107 07/12/2018 10:08:05
Search Account
Terms of Use • Copyright Notice • Privacy Poliev
© 2002-2011 PDP Group, Inc. All rights reserved.
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------------------------------x
Ally Bank
Plaintiff/Petitioner,
-against- Index No._
Neal Wilkins, John Doe, Mary Roe
Defendant/Respondent.
--------------------------------x
NOTICE OF ELECTRONIC FILING
You have received this Notice because:
• The whose name is listed has filed this case the
Plaintiff/Petitioner, above, using
NewYork State Courts e-filing system, and
• You are a Defendant/Respondent (a in this case.
party)
(CPLR § 2111, Uniform Rule § 202.5-bb)
if you are represented by an attorney: give this Notice to your attorney. (Attorneys: see
Attorneys"
"Information for pg. 2).
If you are not represented by an attorney: you are not required to e-file. You may
serve and file documents in paper form and you must be served with documents·in
paper form. as a without an you participate in e-
However, party attorney, may
filing.
Benefits of E-Filing
You can:
• serve and file your documents electronically
• view your case file on-line
• limit your number of trips to the courthouse
• court fees on-line.
pay any
There are no additional fees to e-file, view, or print your case records. .
To sign up for e-filing or for more information about how e-filing works, you may:
• visit: www.nvcourts.oov/efile-unreoresented or
• go to the Center or Clerk's Office at the court where the case was filed. To find
Help
legal information to help you represent yourself visit www.nvcourthelp.gov
Page 1 of 2 EFM-1
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
information for Attorneys
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the NYSCEF
site https://iapps.courts.state.nv.us/nvscef/HomePage: or
2) filethe Notice of Opt-Out form with the clerk of the court where this action is pending.
Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that
they lack the computer hardware and/or scanner and/or internet connection or that they
lack (along with all employees subject to their direction) the operational knowledge to
comply with e-filing requirements. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: efile@nvcourts.gov).
Dated: 08/15/201
ROBERT W FINK POB 900, 210 Main Street
Name Address
Goshen, NY 10924
Firm Name
845-294-9721 .
. . Phone
rwfk@frontiernet.net
E-Mail
To:
11/20/17
Index No. Page 2 of 2 EFM-1
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018
"B"
EXHIBIT TO MOTION
FILED: ORANGE COUNTY - Contract-
CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018
NYSCEF Notification: Orange- enmmercial EF008635-2018 Bank - v.- Neal Wilkins et
(Ally al)
From: efile@nycourts.gov
Date: 8/24/2018 1:13 PM
To: susan.rwfk@frontier.com, rwfk@frontiernet.net, efile@nycourts.gov
Orange County Supreme Court
Notification 08/24/2018
Please retain this notification for your records.
The NYSCEF web site has received documents from the filing user, ROBERT FINK , for the
following case/claim.
Case Information
index #: EF008635-2018
Short Caption: Bank - v. -Neal Wilkins et al
Ally
Assigned Case Judge: No judge Assigned
Filing User Information
User Name: ROBERT FINK
Email Service Address: rwfk@fro
Preview
FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 "A" EXHIBIT TO MOTION FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF NYSCEFAlert: DOC. - Commercial OrangeNO. 6 - Contract - EF008635-2018 Bank - v.- Neal Wilkins et (Ally al) From: efile@nycourts.gov Date: 8/15/2018 4:09 PM To: susan.rwfk@frontier.com, rwfk@frontiernet.net Orange County Supreme Court ASSIGNMENT OF INDEX NUMBER On 08/15/2018, at 3:22:51 PM, the case commenced by the following ê|êctrariic filing: Document number: 1 Document type: SUMMONS + COMPLAINT s&c Caption: Bank - v.- Neal Wilkins et al Ally was assigned the following index number: index Number: EF008635-2018 .. Date of Filing: 08/15/2018 Filing User information User Name: ROBERT FINK Email Service Address: rwfk@frontiernet.net Work Address: POB 900, 210 Main Street, Goshen, NY, 10924 . Phone Number: 845-294-9721 Fax Number: 845-294-3131 Payment Information Amount: $210 Payment Date: 08/15/2018 Payment Method: AMERICAN EXPRESS Authorization Code: 221303 Cornments: E-mail Service Notifications Sent FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCE F Alert: NYSCEF DOC. - Commercial OrangeNO. 6 - Contract - charges to you. to which it may transferthis and·any entity means each motor vehicle described in the Description of Property g,g,,g, y,,,¡g default g,.in on this Contract (except as.prohibited section. "hyperty means the Vehicle and all stherproperty described in theDescrptian of Propertyend MMtionofProtecdons by law) if you fail to perform any obligation thatyou have undertaken sections. In·this Contract. Reg a Cs,m Notfer-use in 1,mmWtions secwedby ndweWng. 10/10/20t& WakesKlumerFinangles SeMoss3 201B Page3 af6 FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 If the Property for personal, famgy, or household use, and is prirnerily • If we give up any of ourrights, it will not effect your dutyto pay or less, if you default the cash price is $10,000 you agree to pay thisContract. attorneys' fees of 20% of the first $500 and 10% en any excess of • If we extend new credit or renew this it willnot Contract, affect the amountdue and:payable under this Contract, it.referred for to pay this-Contract. . your duty colection not a seinried employee of aurs. For other to.an. attomey . Warranty. Warrantyinformationis provided to you separately. if we hire an atterney transactions, whe1s not a salaried employee to . . cogect whatyou-ows. reasonable fee and you wiU pay the attorney's Securit y Agreement . . the law permits. court.costs Security.To secure your payment and performanceunder the terms of default If an event occurs as to any of you, we me y exercise our of this Centract, you give us a security interest in the Vehicle, ell any er ell of. you. remedies against accessions, attachments, arid equipment accessories, placed in or on Runedles. if you are in default es this Centract, we have al ef the the Vehicle end in ell other Property.You also assign to us and.give us remedies provided by law and this Contract. Those remedies.include: a security in proceede and premium refunds interest of any insurance • and service contracts We may require you to imrnediately pay us, subject to any refund purchased with thisContract. required by law, the remaining unpaid·balance of the emount DutiesToward Property.ilygiving us a security interest in the time price.differential financed, and ell other agreed charges' Papsty, you representand agree to the followingr • We may pay taxes, essessments, or other liens.or make repairs • Yon witdefend oiit interests inthePropertyagainstclaims made if you have net done so. We ore not required to to the Property by a one else. You wdlikeep our claim to the Property shead of amount immediately. do so. You wig regiay us that That emount the c m of anyne elses You will not do anything to chantle our wiA eam the time price differential from the date we paIt at interest.in the Property. rate described.in the Paymeer section until the contract aidin fu . • You will keep the Property in your possession and in good condition and repair. You will·use for itsintended the Property + available to us et a We may require you.to malie the Property endlawful.purposes. place we designate that is reasonably convenient to you shd us. + You agree not to remove the Property from the U.S. without our + We may immediately by legal take possession of the.Property Prior written consent. processor self-help, but in doing so we'may not breach the • Yoe willrnot attemptto sell the Property, transfer any rights m peace or unlawfuUy enter onto your premises. or grant another lion on the Property the Property, withoutour • We may then se the Property we receive as and spply what prior consent. written provided w to our reason:hle expenses end then toward + You wN pay at tases and·assessments on the Property es they -become due. • We may, as allowed by law, sue you fo.r additional amounts if the + You wiR notif y us with reasonable promptness of any loss or proceeds of acsalede·not pay elf of the emounts you owe us. damage to the Property. By choosing any one or more of these remedies, we do not give up • You will provide-us reasonable access to the Property for the aur right to later use·anather remady. By deciding not.to use.any purpose of insclipn. Dur entryand inspection must be remedy, we do not give up our right to consider the event a default if eccomplished wfully,and without‡reaching the ireace, it happens again. 4mement to Provideinsuram You agree to pavide.pmpety You agree that insurance on the Propett y protect-mg against if any notice is required to be.given to you of an loss and physical of the Property, notice intended sale,ortransfer is reasonebin>if damage and.subject to a maximum deductible amount in the indicated mailed to your last known address, as reflected in our records, at hsruance Mschsaras or as we will otherwise section, require. You (or such win name us as loss payee on-any such policy. teast 10 days before the date of the Intended sale or transfer GeneraGy, the loss otherperiod of time asis required by law). payee is.the.one to be paid the policy benefits in case of loss or Iniha demede·to the Property. event of loss.or darnage to the we may take possession of·personal You agree that left property in or Propmw we they require additional or assurances of security on the Property securing this Contract and taken into possession as payment Wom we atow insuranceprocepto be used to·repe r ar provided shove. You may have a right to recover that property. replace the Property.You agree that if the msurance proceededonot If the Property has an electronic trackingdevice, you.agree that we cover the emounts you still owe uscyou.will pay the difference. You may ase the device to find the vehicle. will keep the insurance in full until this·Contract force and effect is peM, ObligationsIndependent.Each person who signs this Contract agrees to pay this Contract terms. Tliis means the according taits .11you fail to obtaiñ or maintain this insurance, or name us es.loss foHowir5 payee, we may obtain insurance to protect our interest in the • You mustpay this Contract Property. even.if sorneone also has also signed Thisinsurance may be writtenby a companyotherthan one it. you wouldchoose. be written lt.may at arate higher than a rate you + We may release any co-beyer ar gueraptor and you wiB still be could obtain if you purchased the.property insurancerequired by this shEgeted to pay this Contract. Centract.We wMI add the premium for this insurance ro the amount you owe us emount WM eam Ge fune:priceEmentiaHrom the + and you will still be obligated to pay We.rñay release any security date paid at the contract rate described.in the Payment section until this Contract. paid in full, Woltura( runclulservloes 02015 Page4 of s FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 Gap Walver or Gap Coverage. or damage to the In the event of theft Third Agreement Party Vehicle thattesults in a totaf foss, there may be a gap between the have an ewnership (This section applies ONLY to a person who will amount due under the terms of the Contract your and the proceeds ef to pay this but is NOT a Buyer abligated .mterest in the Property end deductibles. You are liable for insurance settlement this Centract("Third Party Owner").) You have the option of purchasing difference. 6ep Weiver or Gap Coverage to cover the gap Bability, subject to any conditions and "Poe"means .In this section.only only the person signing this section. exclusions in the Gap Waiver or Gap Coverage agreements you agree to give us a security interest in the By signing below . . . . .Property described in the DescriotianotProperty you also section. IVotices . of this Contract agree to the terms except that jou willnot be liable for e paymentsh regures.Your interest in the Property may be Aste.If theprimary ts son-consumer one of the Vehicis thisIs used to satisfy the Buyer s obligation. You agree that we may renew, not a censanercontract,and the fellowing noticsdoes.not extend or change or Property cr release any party Contract, apply,NOTICE. ANY HOLDER·0F THIS CONSUMER CREDIT . without you from this Contract. releasing We may take these steps CONTRACT IS SUBJECT TO ALL CLAIMS AAU DEFENSES . whut nake or demand upon you, WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER 0F 80008 On SERVICES GBTAINED PtIRSUANT IlERETO UR WITIl You acknowledge receiptof a carnpleted copy of thisCentract. TNEPROCEEDS RERE0F, RECDVERY HERElINDER By TilE DEBTOR SilALLNOT EXCEED AMOUNTS PAID BTTHE DEBT0n HEREUNDER. N/A Ifyois are a used vehicle: The 'Information you B.y: Date buying see on the window form for thia vehicle ispart of this Signattire.of ThirdParty Owner (NOT the Buyer1 contract. Inforenation on the window form overrides at)y contrary provisions.in the contract of sale. St compra un vehicuto usado: La Informacien que ve acBieridaen la ventamina forma parte de éste cetr=tc. La Informaci615 contenida en elformulatio de la ventanlile prevalece .per sobre toda otre disposición en contrarlo Inclulda an el contrato de compraventa. /TAiraraiorentionaW kitNant) k/tMamtl [DMraraaintentiona|V FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 O ElectronisSignatureAcitnowledgment. You agree-that p} you .NOTICE TO RETAIL BilYER viewed and read this entira Contractbefore signing it, fii) you signed Do notsignthisCentractin blanit with this Contract one or more electronic (iii) you intend signatures, to enter into this Contract signatura has the same and your electronic You are entitled to a copyof theCentractat thetimeyam sign. affectas your written G9) you received a paper copy of ink signature, after this Contract copy of it was signed, and ty) the.authoritative below, you agreeto the tble terrns·of Contract.You shall reside in a document management system this Contract held by ; By signing I received a copy of this Centract and had a chanceto readsad Seller in the ordinary course of business. You understand that Seger to enother this Contract may transfer for m company in the electronic review you sign it before .lt. Blectronic fomrwhich or Rs 8 pAp9r Varsion of that wouldthen copy. Sellar or thstother become the.authoritative company may Bayer enforca or as a paper version of ht the electronic,form this Contract that form. You may enforce electronic the paper version of the Contract youreceived· copy'that ..- 041261t7 By: NEAL WIL INS Date Siy na ture IV otices ; The Ammal Percentage Rate may be negotiable withthe NIA Sellet.The Settermay ass n thisContractamf retainitsrght . Rete to receivea partofthe Finance Charge. Signatures . N/A EntireAgreement. agreement is.contained Your and our entire in By: Date There a this Contract. no unwritten this agreements rajjarding Contract.Any cha o thiContract and st be inwriting Seller ROMAN CHARIOT AUTO SALES signed by you a ut 04/26/17 04/26/17 Bý: Date By:NEAL W KINS Data · Assignment.Thä Contractand Security Agr===!it is assigned to N/A ALLY FINANCIAL INC By: Date PO BOX 8140 COCKEYSVILLE, MD 21030 the Assignee, phone 476-- 74S$, This assignment is made under the terms of a separate agreement made between N/A and Assignee. the Seist By: Date O This Assignment recourse. is made with SellerROMAN CHARIOT AUTO SALES 4/26/17 [TNsornaenantionaRy left Rord) R anan 1 Nottarunn\Mtaramansions byn dweC\ëne• eacmed 9 t10f2025 FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 "B" EXH1BIT TO COMPLAINT FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 Administration Title NO. - Electronic Title Document PageNYSCEF: 1 of 1 NYSCEF DOC. 6 RECEIVED 09/17/2018 Electronic Title Document • ELT*NY Title# : Title Type : Issue Date : 05/31/2017 Lic/Tag/Control # : VIN: SAJWJ0FF4F8U52158 Vehicle Info: 2015 JAGUA Brand code: Odometer Reading: Date: 00/00/0000 Status: Owner information Owner Information: WILKINS, NEAL RD Co-Owner: Third Owner: Owner Address: 4 UNDERHILL RD AP 4G MIDDLETOWN, NY 10940 . . Lienholder information Lienholder: ALLY FINANCIAL P O BOX.8138 . . COCKEYSVILLE, MD 21030 2nd Lienholder Name: ELT Sent Date: 05/31/2017 Lien Type: Owner Driver License #: PDP Doc Ref: 50000024526 / 00107 07/12/2018 10:08:05 Search Account Terms of Use • Copyright Notice • Privacy Poliev © 2002-2011 PDP Group, Inc. All rights reserved. FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE --------------------------------x Ally Bank Plaintiff/Petitioner, -against- Index No._ Neal Wilkins, John Doe, Mary Roe Defendant/Respondent. --------------------------------x NOTICE OF ELECTRONIC FILING You have received this Notice because: • The whose name is listed has filed this case the Plaintiff/Petitioner, above, using NewYork State Courts e-filing system, and • You are a Defendant/Respondent (a in this case. party) (CPLR § 2111, Uniform Rule § 202.5-bb) if you are represented by an attorney: give this Notice to your attorney. (Attorneys: see Attorneys" "Information for pg. 2). If you are not represented by an attorney: you are not required to e-file. You may serve and file documents in paper form and you must be served with documents·in paper form. as a without an you participate in e- However, party attorney, may filing. Benefits of E-Filing You can: • serve and file your documents electronically • view your case file on-line • limit your number of trips to the courthouse • court fees on-line. pay any There are no additional fees to e-file, view, or print your case records. . To sign up for e-filing or for more information about how e-filing works, you may: • visit: www.nvcourts.oov/efile-unreoresented or • go to the Center or Clerk's Office at the court where the case was filed. To find Help legal information to help you represent yourself visit www.nvcourthelp.gov Page 1 of 2 EFM-1 FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 information for Attorneys An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site https://iapps.courts.state.nv.us/nvscef/HomePage: or 2) filethe Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nvcourts.gov). Dated: 08/15/201 ROBERT W FINK POB 900, 210 Main Street Name Address Goshen, NY 10924 Firm Name 845-294-9721 . . . Phone rwfk@frontiernet.net E-Mail To: 11/20/17 Index No. Page 2 of 2 EFM-1 FILED: ORANGE COUNTY CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/17/2018 "B" EXHIBIT TO MOTION FILED: ORANGE COUNTY - Contract- CLERK 09/17/2018 01:41 PM INDEX NO. EF008635-2018 NYSCEF Notification: Orange- enmmercial EF008635-2018 Bank - v.- Neal Wilkins et (Ally al) From: efile@nycourts.gov Date: 8/24/2018 1:13 PM To: susan.rwfk@frontier.com, rwfk@frontiernet.net, efile@nycourts.gov Orange County Supreme Court Notification 08/24/2018 Please retain this notification for your records. The NYSCEF web site has received documents from the filing user, ROBERT FINK , for the following case/claim. Case Information index #: EF008635-2018 Short Caption: Bank - v. -Neal Wilkins et al Ally Assigned Case Judge: No judge Assigned Filing User Information User Name: ROBERT FINK Email Service Address: rwfk@fro