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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 13 11:20 PM-23CV003132
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FRANKLIN COUNTY COMMON PLEAS COURT
Credit Acceptance Corporation )
PLAINTIFF
Case #23CV003132
Vv,
Deann Dean.
DEFENDANT(S).
MOTION FOR DEFAULT JUDGMENT
Now comes Plaintiff Credit Acceptance Corporation by and through its attorneys, and moves the
Court for a judgment by default against Defendant, Deann Dean, on the grounds that Defendant has failed
to plead or otherwise defend in this action. The reasons for said Motion are more fully set forth in the
Memorandum in Support attached hereto and incorporated herein.
at
=
By: <=
Yale R. Levy (#0065006)
Kathleen Smith (#0090587)
AlexxisJ. Patumbo (#0099933)
Eden Sarver (#0074919)
Garrett A. Blackburn (#0103018)
Levy & Associates, LLC
P.O. Box 182423
Columbus, OH 43218-2423
Tel: (614) 898-5200
legal@levylawfirms.com
Attorneys for Plaintiff
E6-83002
MEMORANDUM IN SUPPORT
Pursuant to Ohio Civil Rule 55(A) Plaintiff Credit Acceptance Corporation is entitled to a judgment
by default because Defendant Deann Dean has failed to plead or otherwise defend the present action
before this Court. Plaintiff filed a Complaint in this action with the Franklin County Common Pleas
Court. Defendant was successfully served process by Certified U.S. Mail on May 6, 2023. No Answer or
other Pleadings have been filed with the Court by Defendant. Defendant is not a minor nor incompetent.
Consequently, Plaintiff is entitled to a judgment by default against Defendant pursuant to Ohio Civil Rule
55(A). Attached hereto and incorporated herein are Exhibit(s) supporting Plaintiff's Motion for Default
Judgment.
Respectfully submitted,
ea t 3 LE ——
OD YaleR. Levy (#0065006)
O Kathleen Smith (#0090587)
O Alexxis J. Palumbo (#0099933)
0 Eden Sarver (#0074919)
Garrett A Blackburn (#0103018)
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 13 11:20 PM-23CV003132
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Exhibit A
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Franklin County Ohio Clerk of Courts of th mmon Pleas- 2023 Jun 13 11:20 PM-23CV003132
0G424 L8 Franklin County Ohio Clerk £ ChUAR YEG frifalal Psd 2 10:54 PM-23CV003132
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RETAIL. INSTALLMENT CONTRACT ,
cont Lor #_7PF.
‘Buyer Name and Address ‘Co-Buyer Name and Address Creditor-Seller Name and Address
N/A MIRACLE MOTOR MART EAST
DEANN DEAN
3463 WESTWAY DR 5100 E MAIN ST
COLUMBUS, OH 43204 COLUMBUS, OH 43213
*You" and “Your mean each Buyer above, joinly and severally. ‘Us’ and “We mean Credilor-Seller and Creditor Seller's reed
assignee. You
Veh icle from Us on credit for the Total Sale Price. You
buy the Vehicle described below for cash or credit,
The cash price is shown below as the "Cash Price”. The credit price is shown below as “Total Sale Price’. You ha to buy the
acknowledge del ‘and acceptance of the Vehicle in good condition and repair, You promise to pay Us all amour ints to the terms and conditions (including the Truth in Lending Disclosures)
due under this Retall Installment Contract ("Contract’), including the Total
Sale Price, in accordance with the payment schedule shown in the Truth in Lending Disclosures bolow. You also agree
and on the additional pages of this Contracl. The Annual Percentage Rate may be negotiable with Us.
Year and Make Model and Body Style Color Vehicle identification Number ‘Odometer Reading
Used 2015 Chevrolet Traverse 4D SUV AWD OTHER AGNKVGKD3F5205082 29,950
TRUTH IN LENDING DISCLOSURES
Amount Total of Total Sale Price
FINANCE Financed Payments ‘The total cost of Your
PERCENTAGE CHARGE ‘The amount of credit ‘The amount You will chase on credit,
‘The dollar ammount provided to You or on have paid after You including Your
‘The cost of Your: the credit will cost Your behalf. have made all pay- down payment of
credit as a yearly You. ments as scheduled. g_1,100,00 Is
rate.
22.99 %]$ 21,317.28 $46, 348.56 $ 47,448.56
$25,031.28
Payment Schedule: Your payment schedule will be:
No. of Payments: mount of Payments When Payments Are Due
$
$
February 19,. 2 018
By
$ 643.73 Monthly, beginning
E cECTROME ORIGINAL
‘ing inte
pe a C4 pra thal
‘oumi
Additional Information: Please read this Contract for any additional information about nonpayment, default and any: required repayment
in full before the scheduled date, and prepayment refunds and penalties.
THE INSURANCE, IF ANY, REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR BODILY INJURY LIABILITY,
PUBLIC LIABILITY AND PROPERTY DAMAG! E LIABILITY OR COMPLY WITH ANY MINIMUM STATE LIABILITY LAWS.
PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE
THE INSURANCE
THROUGH ANYONE YOU CHOOSE WHO JS REASONABLY ACCEPTABLE TO US, as more fully described on page 3.
ARBITRATION: The Contract contains an Arbitration Clau: s@ that states You and We may elect to resolve any dispute by arbitrationbelow, and not by court
faction. See the Arbitration Clause on page 5 of this Contract for the full terms and conditions of the agreement to arbitrate. By initialing
you confirm
that you have read, understand and agree to the terms and conditions in the Arbitration Clause.
5 Buyer's Initials JIB) Buyer's Initials
DEBTOR
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE HEREOF.
COULD ASSERT AGAINST THI E SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS
RECOVERY HEREUNDER BY T! ‘HE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
INFORMATION ON THE WINDOW FORM OVERRIDES:
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT.
ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.
dos, La informacion que ve en el formutario de k la ventanilla para este vehiculo forina parte del presente contrato. La informaci6n det formulario de
efecto toda disposici6n en contrario contenida en el contrato de venta.
ARBITRATE SET
ADDITIONAL TERMS AND CONDITIONS: ‘THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE AGREEMENT TO
HEREIN BY REFER-
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED
ENCE.
> Buyer's Initials [22]
OHIO CREDIT ACCEPTANCE CORPORATION (11-46) Buyer's Initials
© 2012-2016 Credit Acceptance Corporation. PAGE 1 of 5
All Rights Reserved. Tho original retail insta iment contract is assigned to Credit Acceptance Corporation.
his copy was created on 01/19/2018
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 13 11:20 PM-23CV003132
-
ipa
SbMey p 2cceptance
0G424 L 10:54 PM-23CV003132
Franklin County Ohio Clerk ofCi RE Ye 6
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ITEMIZATION OF AMOUNT FINANCED
$ 21,994.00 (1)
4, Cash Price (including accessories and improvements fo the Vehicle)
2, Sales Tax..... i, 820 8 (2)
3. Down-Payment Calculation Cash Down Payment. 1,100.00 (a)
Deferred own Payment. A (B)
Trade-In Description: Gross Trade-in... $ N/A_(C
Make: ——
Madel Payoff Made by Seller §. N/A (0)
Nel Tein (Tregatve number, Inset0"in Ine 3) and emize flrencein SF below {C-D)$,a ZB (EB)
Trade-In Description: Gross Trade-in... $. N/A_(F)
Make:.NZA
Model:_N/A Payoff Made by Seller $. N/A_@)
Nel Trade-in (Fnegative number, Insert’ line 3H) and iterize cflefence in 5(X) bolo). (F-G) $___. N/A (H)
Other: Manufacturers Rebate... N/A_ (I)
Total Down Payment (AHBHETHH) § 1,100.00 (3)
Unpaid Balance of Cash Price (1+ 2 less 3)...
$22,714, 78 (4)
Other Charges Including Amounts Paid to Others on Your Behalf:
*(NOTICE: A portion of these charges may be paid to or retained by Us.)
*Cost of Required Physical Damage Insurance Paid to Insurance Company N/A (a)
A,
B, *Cost of Optional Extended Warranty or Service Contract Paid to the Company named belo
1/417,06 (8)
250.00 (c)
©. “Documentation Fee
N7E (Dy
Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest
0.
E. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration .....
33,50 (E)
Other Charges (Seller must identify who will receive payment and describe purpose)
to for lien or lease payoft:. N/A)
“fo Phoenix American Adeinistratora, Inc. for Optional GAP Protection 619.00 (G)
4to N/A for N/A N/A (H)
‘to N/A for N/A N/A ()
N/A (Wy
to N/A for N7A
to N/A for lien or lease payoff....
N/A (k)
2, 316.50 (5)
ee of Other Charges and Amounts Paid to Others on Your Behalf
OR
N
5 | (6)
cot ree (4 jeg 6). PEN EOS
2)
ip Inanced- Un)
ional extended warranty or
OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: Although You are not required to purchase an opti
service contract as. a condition of purchasing this Vehic! te on credit, by signing below You are indicating that You volunta rily elect to buy an optional
extended warranty or service contract covering the repal ir of certain major mechanical breakdowns of the Vehicle and related expenses. Refer to the
optional extended warranty or service contract for details about coverage and duratio
Price $1,414.00 Term: 24 Mos.\ 24000 Miles company: Wynn's Extended Care, Inc.
[ Decarer Deate nn ayranrend 01/19/2018
Buyer's Signature Date Buyer's Signature Date
GAP PROTECTION: Optional Guaranteed Auto Protection (GAP) I ig not required to obtain credit. GAP protection will not be provided under this Contract
unless You sign for it below and agree to pay the additional cost shown below You may obtain
and on Line 5G of the ITEMIZATION OF AMOUNT FINANCED.
‘optional GAP protection from a person of Your choice that is authorized to sell such coverage and is acceptable to Us. The GAP contract issued by the
provider of the protection wil il describe the terms and conditions of coverage in further detail. if You want GAP protection, sign below.
619.00 . Tern: 72 Mos. Provider; Phoenix American Administrators inc.
Cost:
pore ee gee 01/19/2018
ar rset
[Buyers Sie Date Buyer's Signature Date
with all blanks filled in and that
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract
You have read it and understand it.
2. You are entitled to an exact
NOTICE TO THE BUYER: 1. Do not sign this Contract before You read it or if it contains any blank spaces.
sopy of the Contract You sign.
we Buyer's Signature: x Deanu Peau | Buyer's Signature: x
~
Seller:MIRACLE MOTOR MART EAST By: |" Wichact Bea: caramel Title: AGENT
This Contract is signed by the Seller and Buyer(s) hereto this igth day of January 2018
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved. PAGE 2 of 5
‘The original retail installment contract fs assigned to Credit Acceptance Corporation.
his copy was created on 01/19/2018
CEMA IF: a i
Franklin County Ohio Clerk of Courts of the Common Pl le; 2023 Jun 13 11:20 PM-23CV003132
fax this copy toot 4 A cceptance
0G424 - LB Franklin County Ohio Clerk of ChuARYIME | ja 2 10:54 PM-23CV003132
ot required to mail or re ¥
ADDITIONAL TERMS AND CONDITIONS
Security Interest and Assignment of Proceeds, You give Us a security interest in the Vehicle. This secures payment of ail You owe on this Contract and in
security
any transfer, renewal, extension or assignment of this Contracl. It also sect sures Your other agreements in this Contract, You agree to have the certificate of title show our
interest in and to: 1) all parts or goods put on the
interest ( (ien) in the Vehicle. Until Your obligations under this Contract are satisfied, You assign to Us all Your right, tite and
finance for You;
Vehicle; 2) all money or goods recei ived (proceeds) for the Vehicle (including all parts or goods put on the Vehicle); 3) all insurance, service, or other contracts We
and 4) all proceeds from insurance, service, or other contracts We finance for You. This includes any refunds of premiums.
Late Charge. You promise to make all payments when due, if You fail to make a payment when is due, You agree to pay Us alate charge as stated on page 1 of this Contract.
You agree that We do not waive any of our rights by accepting one or more late payments from You.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing.
given by You to
Bad Check Charge. You agree to pay Us a bad check charge of $20 (or such other amount permitted by applicable Taw) for any check or like instrument
Us that is returned by Your bank because of insufficient funds or because Your bank account was closed.
Yo ur Other Promises to Us. You promise that:
You will not remove the Vehicle from the United States or Canada.
You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission.
You will not expose the Vehicle to misuse or confiscation.
‘You will not pernsit any other lien or security interest to be placed on the Vehicle.
You will preserve and protect the Vehicle and keep it in good condition and repair.
You will not use the Vehicle in a trade or business without our written consent.
You will not use the Vehicle unlawfully or abandon It. Ifa governmental agency impounds the Vehicle, ‘You will notify Us immediately and regain possession of the Vehicle,
We regain possession of the Vel hicle and treat itas a default, fees,
You will payall taxes, assessments, rentals, charges, a ind other fees imposed on the Vehicle when they are due. if We pay any repair bills, storage bills, taxes, fines,
or other charges on the Vehicle, You agree to repay the amount to Us.
‘You will permit Us to inspeot the Vehicle at any reasonal ble time.
‘You will promptly sign, of cause others to sign, anc id give Us any documents We reasonably request fo perfect { our security interest.
You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Cont fract or any information provided in connection with
this Contract. it We may reasonably request
‘You will promplly provide Us with any additional personal or financial information conceming You or any information about the Vehicle thal
irom time fo time.
- ‘You will immediately notify Us if You change Your name or address.
Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be enlilled to a refund credit of part of the pre-computed
finance charge. This credit will li be calculated in accordance with the actuari ial method. We will apply the credit to the amount You owe Us or if You paid Us more than the amount
owed to Us under this Contract, We wi ill refund it to You. A minimum finance charge of $15 may be charged. We will not credit or refund amounts less than $1.00.
¥ ‘ourply otthebligation
prepay ment to Your account balance,
If You prepay only a portion of the balance remaining under this Contract, We will ay however a prepayment will not excuse any
ler scheduled payments. You must still make all scheduled payments on time until unc \der this Contract Is paid in full. If You makea partial prepayrnent Your last
Gel:
8t t dus
amal ances You must ingure angUs t t los
ing at
le to Us. sul appre
which covers both the interest of You and Us in the Vehicle, jen We may buy it
\oe,At arty ti
for You. If We not buy
Cor
pliysical damage insurance which covers both interests in Ne fehicle, We
may, if We decide, buy insurance which covers only our interest, to the extent permitted by law.
‘We are under no obligation to buy any insu wrance, bul may do so if We desire. if We buy either of these coverages, We will let You know what type itis and the charge You must
. The amount You must y wil be the remium for the insurance and a finance charge
fre di
at the Annual Percentage Rate shown
Bohsontract. You agree to pay ‘amount an finance charge in equal installments along with the payments shown on the Payment Schedule.
If the Vehicle is lost or damaged, You agree that We can use ai iny insurance settlement eitherto repair the Vehicle or apply to Your account balance. If applied to Your account
balance, the insurance settlement proceeds thal do not pay Your obligation nin full under this Contract will be applied as a partial payment.
Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or warranty
contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them lo obtain refunds of unearned charges.
service, warranty or other
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. Ifany charge for insurance, maintenance,
contract is returned to Us, it will be credited to Your account in accordance with the Prepayment section of this Contract.
Default and Acceleration of the Contract. You will be in default if;
. You fall to pay any amount due under this Contract when it is due.
- You break any of Your other promises You made in this Contract.
: A proceeding in bankruptcy, receivership or insolvency is started by You or against You or ‘Your property.
ifYou are in default of this Contract, We may declare the entire unpaid balance of this Contrac! due and payable immediately at any tine without notice to You, unless We are required
by law to provide You with such notice, and subject to any r jh t You may have to reinstate the Contract. If Your default consists solely of a failure to pay @ payment when itis due,
We may demand that You pay all that You awe on thi jis Contract only if Your failure to pay has continued for at least thirty (30) days.
gb Buyer's Initials [z2|
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation. Buyer's Initials
All Rights Reserved. PAGE 3 of 5
ent
The original rota instal er contract i assign te Grell Aecoplance Corporation,
This copy was created on 01/19/2018
to mail or ifax tifl is copy to aay A cceptance
oG424 - 18
Franklin County Ohio Clerk of Co
Franklin County Ohio Clerk of C
ot required
5 REYE a Gi i hPa a
's of th mi in Ple; 2023 Jun 13 11:20 PM-23CV003132
2. 10:54 PM-23CV003132
ADDITIONAL TERMS AND CONDITIONS
positioning
Starter Interrupt tion Device and GPS. You understand and agree that if You are In default, We may use any starter interruption device andlor global
of this Contract
system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting andlor to locate the Vehicle when permissible law and the terms
allow Us to repossess the Vehicle, You agree that if the Vehicle is disal bled, You will need to cure Your default in arder to restart the Vehicle, You acknowledge that You have
will allow
been provided with a toll free telephone number thal You may call, no more thar in once per month, if the Vehicle is disabled but You need an emergency activation which
the Vehicle to operate for 24 hours. Referto the terms and conditions of the Buyer's Disclosure for additional information on the Device.
or the properly
Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter Your property, acknowledge.
where the Vehicle is stored, so long as it is done peacofully and the law allows it. An ‘accessories, equipment or replacements will remain with the Vehicle. You h lereby
and agree that any personal property contained within the Vehicle may be remo ‘and held without ability to Us or our agent. Itis Your responsibility fo promptly and immediately
contact Us to make arrangements for the retun of Your personal property. /. You are responsible for paying all reasonable charges associated with the repossession.
the Contract as
Getting the Vehicle Back After Repossession. if We repossess the Vehi cle, You have the right to get it back (redeem), You may reinstate condition or
We sell, leas, ficense or otherwise dispose of any or all of the Vehicle in its present
permitted by applicable law. You may redeem the Vehicle at any time before
following any commercially reasonable preparation or processing.
last known
Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to Your
before the date of the Intended sale or transfer (or such other period of time as is required by law), If the Vehicle is ‘sold,
address, as reflected in our records, ina reasonable pt ‘eriod
We will use the net proceeds of the sale to pay all or part of Your debt.
attomey fees and court costs, if permitted
The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for safe, and selling the Vehicle, and any
by law, will be subtracted from the selling price.
may be required to pay a
If You owe Us fess than the net proceeds of sale, We will pay You the differance, unless We are required to pay il {o someone else. For example, We
tender who has given You a loan and has-also taken a security interest in the Vehicle;
If You awe more than the net proceeds of sale, You will pay Us the difference between the nel proceeds of sale and what You owe when ‘We ask for it. If You do not pay this amount
when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us.
Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of our rights under this Contract without fosing them. For
and signed by Us. No oral changes
example, We can extend the time for making some payments without extending othe 1s, Any change in the terms of this Contract must be in writing
are binding. If tof this Contract is not valid, all other parts will remain enforceable,
CLAIMS. YOU UNDERSTAND THAT THE SELLER 1S NOT OF FE: RING
ie
WARRANTIES SELLER DISt ANY WARRANTIES AND THAT THERE!
ARE NO IMPLIED WARRAN SS OF MERCHANTABILITY, OF FIT! S FOR A PARTIC! URI OR ANY OTHE! ARRANTI
EXPRESS OR IMPLIED BY THI SELLER, COVERIN! HE VEHICLE UNLESS THE ‘SELLER EXTENDS A WRITTEN WAR RANTY OR
ISERVICE CONTRACT WITHIN 90 DA\ YS FROM THE DATE OF THIS CONTRACT.
EMT a rr ie
Kyte Y OF ELEC ©
Cay ce
IGLE
“a
Interest After Maturity. You further agree lo pay interest at the Annual Percentage Rate stated con page 1 of this Contract or at the
highest rate parmitted by applicable
faw, on any amounts that remain unpaid after maturity of this Contract, For the purposes of this provision, maturity means the earlier of the date Your final payment is due or the
date We accelerate the Contract.
Judgment Rate. interest on any judgment awarded on this Contract will be at the Annual Percentage Rate stated on page 1 of this Contractor atthe highest rate permilted
by applicable aw.
the extent preempted by
Governing Law. The terms of this Contract are governed by law of the state of the Seller's address shown on page 4 of this Contract, except to
applicable federal law.
ASSIGNMENT
the Vehicle described
FOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller's right, title anc id interest in and to this Contract, and in and to
herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee’), Its successors and assigns, pursuar nt to and in accordance with either the terms and conditions set
in Assignee's name or
forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee full power, Seller
in Seiler’s name, to take all actions w! Ihich Seller could have taken under this Contract. in order to Induce Assignee to accept assignment of this Contract,
represents and warrants to Assignee as sel forth in the existing dealer agreement.
condi-
NOTICE OF ASSIGNMENT: The Seller has assigned this C ontract to Credit Acceptance Corporation in accordance with the terms and
tions set forth on page 4 of this Contract. This assignment
is without recourse. You must make all future payments to: CREDIT ACCEPTANCE
* CORPORATION, 25505 WEST TWELVE MILE ROAD-SUITE 3000, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.
Seller, MIRACLE MOTOR MART BAST. By: [ poreen Fig.
nn eens
Title: AGENT
rb Buyer's Initials [22]
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Gredit Acceptance Corporation. Buyer's Initials
All Rights Reserved. PAGE 4 of 5
The origino! rota instatime ent contrant is assigned ta Credit Acceptance Corporation.
is copy was created on 01/19/2018
0G424 -
L88
Franklin County Ohio Clerk of Co yu) Is of th
Franklin County Ohio Clerk of C AE¥E
ot require
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to mail or tthe
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1 a Jun
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 13 11:20 PM-23CV003132 0G424 - 18 $.00 FRANKLIN COUNTY COMMON PLEAS COURT Credit Acceptance Corporation ) PLAINTIFF Case #23CV003132 Vv, Deann Dean. DEFENDANT(S). MOTION FOR DEFAULT JUDGMENT Now comes Plaintiff Credit Acceptance Corporation by and through its attorneys, and moves the Court for a judgment by default against Defendant, Deann Dean, on the grounds that Defendant has failed to plead or otherwise defend in this action. The reasons for said Motion are more fully set forth in the Memorandum in Support attached hereto and incorporated herein. at = By: <= Yale R. Levy (#0065006) Kathleen Smith (#0090587) AlexxisJ. Patumbo (#0099933) Eden Sarver (#0074919) Garrett A. Blackburn (#0103018) Levy & Associates, LLC P.O. Box 182423 Columbus, OH 43218-2423 Tel: (614) 898-5200 legal@levylawfirms.com Attorneys for Plaintiff E6-83002 MEMORANDUM IN SUPPORT Pursuant to Ohio Civil Rule 55(A) Plaintiff Credit Acceptance Corporation is entitled to a judgment by default because Defendant Deann Dean has failed to plead or otherwise defend the present action before this Court. Plaintiff filed a Complaint in this action with the Franklin County Common Pleas Court. Defendant was successfully served process by Certified U.S. Mail on May 6, 2023. No Answer or other Pleadings have been filed with the Court by Defendant. Defendant is not a minor nor incompetent. Consequently, Plaintiff is entitled to a judgment by default against Defendant pursuant to Ohio Civil Rule 55(A). Attached hereto and incorporated herein are Exhibit(s) supporting Plaintiff's Motion for Default Judgment. Respectfully submitted, ea t 3 LE —— OD YaleR. Levy (#0065006) O Kathleen Smith (#0090587) O Alexxis J. Palumbo (#0099933) 0 Eden Sarver (#0074919) Garrett A Blackburn (#0103018) Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 13 11:20 PM-23CV003132 0G424 - Ls Exhibit A , - Franklin County Ohio Clerk of Courts of th mmon Pleas- 2023 Jun 13 11:20 PM-23CV003132 0G424 L8 Franklin County Ohio Clerk £ ChUAR YEG frifalal Psd 2 10:54 PM-23CV003132 ot require J to mail or fax this copy to rode cceptance ae ~ . . ~ RETAIL. INSTALLMENT CONTRACT , cont Lor #_7PF. ‘Buyer Name and Address ‘Co-Buyer Name and Address Creditor-Seller Name and Address N/A MIRACLE MOTOR MART EAST DEANN DEAN 3463 WESTWAY DR 5100 E MAIN ST COLUMBUS, OH 43204 COLUMBUS, OH 43213 *You" and “Your mean each Buyer above, joinly and severally. ‘Us’ and “We mean Credilor-Seller and Creditor Seller's reed assignee. You Veh icle from Us on credit for the Total Sale Price. You buy the Vehicle described below for cash or credit, The cash price is shown below as the "Cash Price”. The credit price is shown below as “Total Sale Price’. You ha to buy the acknowledge del ‘and acceptance of the Vehicle in good condition and repair, You promise to pay Us all amour ints to the terms and conditions (including the Truth in Lending Disclosures) due under this Retall Installment Contract ("Contract’), including the Total Sale Price, in accordance with the payment schedule shown in the Truth in Lending Disclosures bolow. You also agree and on the additional pages of this Contracl. The Annual Percentage Rate may be negotiable with Us. Year and Make Model and Body Style Color Vehicle identification Number ‘Odometer Reading Used 2015 Chevrolet Traverse 4D SUV AWD OTHER AGNKVGKD3F5205082 29,950 TRUTH IN LENDING DISCLOSURES Amount Total of Total Sale Price FINANCE Financed Payments ‘The total cost of Your PERCENTAGE CHARGE ‘The amount of credit ‘The amount You will chase on credit, ‘The dollar ammount provided to You or on have paid after You including Your ‘The cost of Your: the credit will cost Your behalf. have made all pay- down payment of credit as a yearly You. ments as scheduled. g_1,100,00 Is rate. 22.99 %]$ 21,317.28 $46, 348.56 $ 47,448.56 $25,031.28 Payment Schedule: Your payment schedule will be: No. of Payments: mount of Payments When Payments Are Due $ $ February 19,. 2 018 By $ 643.73 Monthly, beginning E cECTROME ORIGINAL ‘ing inte pe a C4 pra thal ‘oumi Additional Information: Please read this Contract for any additional information about nonpayment, default and any: required repayment in full before the scheduled date, and prepayment refunds and penalties. THE INSURANCE, IF ANY, REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR BODILY INJURY LIABILITY, PUBLIC LIABILITY AND PROPERTY DAMAG! E LIABILITY OR COMPLY WITH ANY MINIMUM STATE LIABILITY LAWS. PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO JS REASONABLY ACCEPTABLE TO US, as more fully described on page 3. ARBITRATION: The Contract contains an Arbitration Clau: s@ that states You and We may elect to resolve any dispute by arbitrationbelow, and not by court faction. See the Arbitration Clause on page 5 of this Contract for the full terms and conditions of the agreement to arbitrate. By initialing you confirm that you have read, understand and agree to the terms and conditions in the Arbitration Clause. 5 Buyer's Initials JIB) Buyer's Initials DEBTOR NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE HEREOF. COULD ASSERT AGAINST THI E SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS RECOVERY HEREUNDER BY T! ‘HE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. INFORMATION ON THE WINDOW FORM OVERRIDES: USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. dos, La informacion que ve en el formutario de k la ventanilla para este vehiculo forina parte del presente contrato. La informaci6n det formulario de efecto toda disposici6n en contrario contenida en el contrato de venta. ARBITRATE SET ADDITIONAL TERMS AND CONDITIONS: ‘THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE AGREEMENT TO HEREIN BY REFER- FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED ENCE. > Buyer's Initials [22] OHIO CREDIT ACCEPTANCE CORPORATION (11-46) Buyer's Initials © 2012-2016 Credit Acceptance Corporation. PAGE 1 of 5 All Rights Reserved. Tho original retail insta iment contract is assigned to Credit Acceptance Corporation. his copy was created on 01/19/2018 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 13 11:20 PM-23CV003132 - ipa SbMey p 2cceptance 0G424 L 10:54 PM-23CV003132 Franklin County Ohio Clerk ofCi RE Ye 6 ot required to mail or fax this copy ITEMIZATION OF AMOUNT FINANCED $ 21,994.00 (1) 4, Cash Price (including accessories and improvements fo the Vehicle) 2, Sales Tax..... i, 820 8 (2) 3. Down-Payment Calculation Cash Down Payment. 1,100.00 (a) Deferred own Payment. A (B) Trade-In Description: Gross Trade-in... $ N/A_(C Make: —— Madel Payoff Made by Seller §. N/A (0) Nel Tein (Tregatve number, Inset0"in Ine 3) and emize flrencein SF below {C-D)$,a ZB (EB) Trade-In Description: Gross Trade-in... $. N/A_(F) Make:.NZA Model:_N/A Payoff Made by Seller $. N/A_@) Nel Trade-in (Fnegative number, Insert’ line 3H) and iterize cflefence in 5(X) bolo). (F-G) $___. N/A (H) Other: Manufacturers Rebate... N/A_ (I) Total Down Payment (AHBHETHH) § 1,100.00 (3) Unpaid Balance of Cash Price (1+ 2 less 3)... $22,714, 78 (4) Other Charges Including Amounts Paid to Others on Your Behalf: *(NOTICE: A portion of these charges may be paid to or retained by Us.) *Cost of Required Physical Damage Insurance Paid to Insurance Company N/A (a) A, B, *Cost of Optional Extended Warranty or Service Contract Paid to the Company named belo 1/417,06 (8) 250.00 (c) ©. “Documentation Fee N7E (Dy Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest 0. E. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration ..... 33,50 (E) Other Charges (Seller must identify who will receive payment and describe purpose) to for lien or lease payoft:. N/A) “fo Phoenix American Adeinistratora, Inc. for Optional GAP Protection 619.00 (G) 4to N/A for N/A N/A (H) ‘to N/A for N/A N/A () N/A (Wy to N/A for N7A to N/A for lien or lease payoff.... N/A (k) 2, 316.50 (5) ee of Other Charges and Amounts Paid to Others on Your Behalf OR N 5 | (6) cot ree (4 jeg 6). PEN EOS 2) ip Inanced- Un) ional extended warranty or OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: Although You are not required to purchase an opti service contract as. a condition of purchasing this Vehic! te on credit, by signing below You are indicating that You volunta rily elect to buy an optional extended warranty or service contract covering the repal ir of certain major mechanical breakdowns of the Vehicle and related expenses. Refer to the optional extended warranty or service contract for details about coverage and duratio Price $1,414.00 Term: 24 Mos.\ 24000 Miles company: Wynn's Extended Care, Inc. [ Decarer Deate nn ayranrend 01/19/2018 Buyer's Signature Date Buyer's Signature Date GAP PROTECTION: Optional Guaranteed Auto Protection (GAP) I ig not required to obtain credit. GAP protection will not be provided under this Contract unless You sign for it below and agree to pay the additional cost shown below You may obtain and on Line 5G of the ITEMIZATION OF AMOUNT FINANCED. ‘optional GAP protection from a person of Your choice that is authorized to sell such coverage and is acceptable to Us. The GAP contract issued by the provider of the protection wil il describe the terms and conditions of coverage in further detail. if You want GAP protection, sign below. 619.00 . Tern: 72 Mos. Provider; Phoenix American Administrators inc. Cost: pore ee gee 01/19/2018 ar rset [Buyers Sie Date Buyer's Signature Date with all blanks filled in and that You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract You have read it and understand it. 2. You are entitled to an exact NOTICE TO THE BUYER: 1. Do not sign this Contract before You read it or if it contains any blank spaces. sopy of the Contract You sign. we Buyer's Signature: x Deanu Peau | Buyer's Signature: x ~ Seller:MIRACLE MOTOR MART EAST By: |" Wichact Bea: caramel Title: AGENT This Contract is signed by the Seller and Buyer(s) hereto this igth day of January 2018 OHIO CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. All Rights Reserved. PAGE 2 of 5 ‘The original retail installment contract fs assigned to Credit Acceptance Corporation. his copy was created on 01/19/2018 CEMA IF: a i Franklin County Ohio Clerk of Courts of the Common Pl le; 2023 Jun 13 11:20 PM-23CV003132 fax this copy toot 4 A cceptance 0G424 - LB Franklin County Ohio Clerk of ChuARYIME | ja 2 10:54 PM-23CV003132 ot required to mail or re ¥ ADDITIONAL TERMS AND CONDITIONS Security Interest and Assignment of Proceeds, You give Us a security interest in the Vehicle. This secures payment of ail You owe on this Contract and in security any transfer, renewal, extension or assignment of this Contracl. It also sect sures Your other agreements in this Contract, You agree to have the certificate of title show our interest in and to: 1) all parts or goods put on the interest ( (ien) in the Vehicle. Until Your obligations under this Contract are satisfied, You assign to Us all Your right, tite and finance for You; Vehicle; 2) all money or goods recei ived (proceeds) for the Vehicle (including all parts or goods put on the Vehicle); 3) all insurance, service, or other contracts We and 4) all proceeds from insurance, service, or other contracts We finance for You. This includes any refunds of premiums. Late Charge. You promise to make all payments when due, if You fail to make a payment when is due, You agree to pay Us alate charge as stated on page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You. Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing. given by You to Bad Check Charge. You agree to pay Us a bad check charge of $20 (or such other amount permitted by applicable Taw) for any check or like instrument Us that is returned by Your bank because of insufficient funds or because Your bank account was closed. Yo ur Other Promises to Us. You promise that: You will not remove the Vehicle from the United States or Canada. You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission. You will not expose the Vehicle to misuse or confiscation. ‘You will not pernsit any other lien or security interest to be placed on the Vehicle. You will preserve and protect the Vehicle and keep it in good condition and repair. You will not use the Vehicle in a trade or business without our written consent. You will not use the Vehicle unlawfully or abandon It. Ifa governmental agency impounds the Vehicle, ‘You will notify Us immediately and regain possession of the Vehicle, We regain possession of the Vel hicle and treat itas a default, fees, You will payall taxes, assessments, rentals, charges, a ind other fees imposed on the Vehicle when they are due. if We pay any repair bills, storage bills, taxes, fines, or other charges on the Vehicle, You agree to repay the amount to Us. ‘You will permit Us to inspeot the Vehicle at any reasonal ble time. ‘You will promptly sign, of cause others to sign, anc id give Us any documents We reasonably request fo perfect { our security interest. You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Cont fract or any information provided in connection with this Contract. it We may reasonably request ‘You will promplly provide Us with any additional personal or financial information conceming You or any information about the Vehicle thal irom time fo time. - ‘You will immediately notify Us if You change Your name or address. Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be enlilled to a refund credit of part of the pre-computed finance charge. This credit will li be calculated in accordance with the actuari ial method. We will apply the credit to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We wi ill refund it to You. A minimum finance charge of $15 may be charged. We will not credit or refund amounts less than $1.00. ¥ ‘ourply otthebligation prepay ment to Your account balance, If You prepay only a portion of the balance remaining under this Contract, We will ay however a prepayment will not excuse any ler scheduled payments. You must still make all scheduled payments on time until unc \der this Contract Is paid in full. If You makea partial prepayrnent Your last Gel: 8t t dus amal ances You must ingure angUs t t los ing at le to Us. sul appre which covers both the interest of You and Us in the Vehicle, jen We may buy it \oe,At arty ti for You. If We not buy Cor pliysical damage insurance which covers both interests in Ne fehicle, We may, if We decide, buy insurance which covers only our interest, to the extent permitted by law. ‘We are under no obligation to buy any insu wrance, bul may do so if We desire. if We buy either of these coverages, We will let You know what type itis and the charge You must . The amount You must y wil be the remium for the insurance and a finance charge fre di at the Annual Percentage Rate shown Bohsontract. You agree to pay ‘amount an finance charge in equal installments along with the payments shown on the Payment Schedule. If the Vehicle is lost or damaged, You agree that We can use ai iny insurance settlement eitherto repair the Vehicle or apply to Your account balance. If applied to Your account balance, the insurance settlement proceeds thal do not pay Your obligation nin full under this Contract will be applied as a partial payment. Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or warranty contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them lo obtain refunds of unearned charges. service, warranty or other Insurance, Maintenance, Service or Other Contract Charges Returned to Us. Ifany charge for insurance, maintenance, contract is returned to Us, it will be credited to Your account in accordance with the Prepayment section of this Contract. Default and Acceleration of the Contract. You will be in default if; . You fall to pay any amount due under this Contract when it is due. - You break any of Your other promises You made in this Contract. : A proceeding in bankruptcy, receivership or insolvency is started by You or against You or ‘Your property. ifYou are in default of this Contract, We may declare the entire unpaid balance of this Contrac! due and payable immediately at any tine without notice to You, unless We are required by law to provide You with such notice, and subject to any r jh t You may have to reinstate the Contract. If Your default consists solely of a failure to pay @ payment when itis due, We may demand that You pay all that You awe on thi jis Contract only if Your failure to pay has continued for at least thirty (30) days. gb Buyer's Initials [z2| OHIO CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. Buyer's Initials All Rights Reserved. PAGE 3 of 5 ent The original rota instal er contract i assign te Grell Aecoplance Corporation, This copy was created on 01/19/2018 to mail or ifax tifl is copy to aay A cceptance oG424 - 18 Franklin County Ohio Clerk of Co Franklin County Ohio Clerk of C ot required 5 REYE a Gi i hPa a 's of th mi in Ple; 2023 Jun 13 11:20 PM-23CV003132 2. 10:54 PM-23CV003132 ADDITIONAL TERMS AND CONDITIONS positioning Starter Interrupt tion Device and GPS. You understand and agree that if You are In default, We may use any starter interruption device andlor global of this Contract system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting andlor to locate the Vehicle when permissible law and the terms allow Us to repossess the Vehicle, You agree that if the Vehicle is disal bled, You will need to cure Your default in arder to restart the Vehicle, You acknowledge that You have will allow been provided with a toll free telephone number thal You may call, no more thar in once per month, if the Vehicle is disabled but You need an emergency activation which the Vehicle to operate for 24 hours. Referto the terms and conditions of the Buyer's Disclosure for additional information on the Device. or the properly Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter Your property, acknowledge. where the Vehicle is stored, so long as it is done peacofully and the law allows it. An ‘accessories, equipment or replacements will remain with the Vehicle. You h lereby and agree that any personal property contained within the Vehicle may be remo ‘and held without ability to Us or our agent. Itis Your responsibility fo promptly and immediately contact Us to make arrangements for the retun of Your personal property. /. You are responsible for paying all reasonable charges associated with the repossession. the Contract as Getting the Vehicle Back After Repossession. if We repossess the Vehi cle, You have the right to get it back (redeem), You may reinstate condition or We sell, leas, ficense or otherwise dispose of any or all of the Vehicle in its present permitted by applicable law. You may redeem the Vehicle at any time before following any commercially reasonable preparation or processing. last known Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to Your before the date of the Intended sale or transfer (or such other period of time as is required by law), If the Vehicle is ‘sold, address, as reflected in our records, ina reasonable pt ‘eriod We will use the net proceeds of the sale to pay all or part of Your debt. attomey fees and court costs, if permitted The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for safe, and selling the Vehicle, and any by law, will be subtracted from the selling price. may be required to pay a If You owe Us fess than the net proceeds of sale, We will pay You the differance, unless We are required to pay il {o someone else. For example, We tender who has given You a loan and has-also taken a security interest in the Vehicle; If You awe more than the net proceeds of sale, You will pay Us the difference between the nel proceeds of sale and what You owe when ‘We ask for it. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us. Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of our rights under this Contract without fosing them. For and signed by Us. No oral changes example, We can extend the time for making some payments without extending othe 1s, Any change in the terms of this Contract must be in writing are binding. If tof this Contract is not valid, all other parts will remain enforceable, CLAIMS. YOU UNDERSTAND THAT THE SELLER 1S NOT OF FE: RING ie WARRANTIES SELLER DISt ANY WARRANTIES AND THAT THERE! ARE NO IMPLIED WARRAN SS OF MERCHANTABILITY, OF FIT! S FOR A PARTIC! URI OR ANY OTHE! ARRANTI EXPRESS OR IMPLIED BY THI SELLER, COVERIN! HE VEHICLE UNLESS THE ‘SELLER EXTENDS A WRITTEN WAR RANTY OR ISERVICE CONTRACT WITHIN 90 DA\ YS FROM THE DATE OF THIS CONTRACT. EMT a rr ie Kyte Y OF ELEC © Cay ce IGLE “a Interest After Maturity. You further agree lo pay interest at the Annual Percentage Rate stated con page 1 of this Contract or at the highest rate parmitted by applicable faw, on any amounts that remain unpaid after maturity of this Contract, For the purposes of this provision, maturity means the earlier of the date Your final payment is due or the date We accelerate the Contract. Judgment Rate. interest on any judgment awarded on this Contract will be at the Annual Percentage Rate stated on page 1 of this Contractor atthe highest rate permilted by applicable aw. the extent preempted by Governing Law. The terms of this Contract are governed by law of the state of the Seller's address shown on page 4 of this Contract, except to applicable federal law. ASSIGNMENT the Vehicle described FOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller's right, title anc id interest in and to this Contract, and in and to herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee’), Its successors and assigns, pursuar nt to and in accordance with either the terms and conditions set in Assignee's name or forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee full power, Seller in Seiler’s name, to take all actions w! Ihich Seller could have taken under this Contract. in order to Induce Assignee to accept assignment of this Contract, represents and warrants to Assignee as sel forth in the existing dealer agreement. condi- NOTICE OF ASSIGNMENT: The Seller has assigned this C ontract to Credit Acceptance Corporation in accordance with the terms and tions set forth on page 4 of this Contract. This assignment is without recourse. You must make all future payments to: CREDIT ACCEPTANCE * CORPORATION, 25505 WEST TWELVE MILE ROAD-SUITE 3000, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506. Seller, MIRACLE MOTOR MART BAST. By: [ poreen Fig. nn eens Title: AGENT rb Buyer's Initials [22] OHIO CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Gredit Acceptance Corporation. Buyer's Initials All Rights Reserved. PAGE 4 of 5 The origino! rota instatime ent contrant is assigned ta Credit Acceptance Corporation. is copy was created on 01/19/2018 0G424 - L88 Franklin County Ohio Clerk of Co yu) Is of th Franklin County Ohio Clerk of C AE¥E ot require a to mail or tthe iS Copy 1 a Jun