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45D03-2403-CC-002472 Filed: 3/14/2024 1:04 PM
Clerk
Lake Superior Court, Civil Division 3 Lake County, Indiana
STATE OF INDIANA ) IN THE LAKE CIRCUIT/SUPERIOR COURT
)SS:
COUNTY OF LAKE ) CAUSE NO.
HS FINANCIAL GROUP, LLC )
Plaintiff, )
Vs. )
)
ASIANERRA PURDIMON )
Defendant(s) )
COMPLAINT
Now comes Plaintiff, HS FINANCIAL GROUP, LLC, by counsel, and for its Complaint against
the Defendant(s), ASIANERRA PURDIMON would state as follows:
1. The Defendant(s) is/are resident(s) of the State of Indiana and are subject to the Court’s
jurisdiction.
2. The Defendant(s) previously entered into a retail installment contract and security agreement for
the purchase of a certain automobile. A copy of said retail installment contract and security
agreement is marked as “Exhibit 1”, attached hereto and made a part of this Complaint.
3. The Plaintiff is the current holder of said account and is entitled to all rights as owner thereof. A
copy of assignment history of the account is collectively marked as “Exhibit 2”, attached hereto
and made a part of this Complaint.
4. The Defendant(s) defaulted on their contractual obligations by failing to make all of the required
payments pursuant to the installment contract and is/are indebted to the Plaintiff in the amount of
$2,473.52. A copy of the Explanation of Calculation of Surplus or Deficiency notice is marked
as “Exhibit 3”, attached hereto and made a part of this Complaint.
5. Pursuant to “Exhibit 1” to this Complaint, the Plaintiff is entitled to recover court costs and
reasonable attorney fees for the need to pursue this cause of action.
1
6. A copy of the Plaintiff’s Affidavit of Debt is marked as “Exhibit 4”, attached hereto and made a
part of this Complaint.
WHEREFORE, Plaintiff prays judgment against the Defendant(s), for the principal sum of
$2,473.52 plus statutory interest of eight percent (8%) per annum from date of judgment, plus the
costs of this action and reasonable attorney fees and for all other just and proper relief in the
premises.
Respectfully submitted,
/s/ Aaron K. Westlake
Aaron K. Westlake, #29087-49
Law Offices of Timothy Sullivan
18013 Cleveland Parkway, Suite 180
Cleveland, Ohio 44135
Phone: (216) 762-1700
Fax: (216) 938-6644
Email: Indianacourts@tmslaw.net
Attorney for Plaintiff
2
CONTRACT DATE: 3/18/2021 RETAIL INSTALLMENT CONTRACT FZ-IN-RIC-SIA
ACCOUNT#: 4899 SIMPLE INTEREST
Buyer Name and Address Seller Name and Address
ASIANERRA SHANNA DE AIRE PURDIMON PRONTO AUTO SALES
2504 WINFIELD AVE 2545 LAFAYETTE RD
INDIANAPOLIS, IN 46222 INDIANAPOLIS, IN 46222
County: MARION County: MARION
Co-Buyer Name and Address
In this contract, "you” and "your” refer to the Buyer or Buyers signing below. "Seller,” "we” and "us” refer to the Seller shown above. "Holder” is the Seller,
or, if this contract has been assigned, the party who has been assigned this contract. "Vehicle” refers to the vehicle described below. "Buyer,” “you” and
"your” shall include the plural. You promise to pay to the order of the Holder (at its office or at such other place as the Holder may designate and instruct
you) the Amount Financed and the Finance Charge (see below) as outlined in the schedule of payments below and as described in this contract.
New/Used Year Make Model Vehicle Identification Number Mileage S Personal, Family or Household Use
Used 2006 BUICK LACROSSE 127725 □ Business Use
Description of Trade-ln(s): N/A
FEDERAL TRUTH IN LENDING DISCLOSURES
ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE
THE AMOUNT OF CREDIT THE AMOUNT YOU WILL HAVE THE TOTAL COST OF YOUR
PERCENTAGE CHARGE PROVIDED TO YOU OR ON PAID AFTER YOU HAVE MADE ALL PURCHASE ON CREDIT, INCLUDING
RATE THE DOLLAR AMOUNT THE YOUR BEHALF. PAYMENTS AS SCHEDULED. YOUR DOWN PAYMENT OF
CREDIT WILL COST YOU.
THE COST OF YOUR CREDIT
AS A YEARLY RATE. 800.00 IS
21.00 % $ 917.05 $ 5,210.00 $ 6,127.05 6,927.05
Your Payment Schedule Will Be:
Number of Payments Amount of Payments When Payments are Due
81 $ 75.00 WEEKLY beginning March 25, 2021, due every Thursday
1 $ 52.05 October 13, 2022
Late Charge: If payment is not received in full within 10 days after it is due, you will be charged a late charge of $ 5.00.
Prepayment: If you pay off all or any part of your debt eaiiy, you will not be charged a minimum finance charge.
Security Interest: You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about nonpayment, default, our right to accelerate the maturity of this
obligation, any required repayment in full before the scheduled date, prepayment refunds and penalties, and our security interest.
□ MINIMUM FINANCE CHARGE: You agree to pay a minimum finance charge of $_ N/A if, upon prepayment in full, the amount of finance charges
accrued would be less than such minimum charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract and the related documents that you sign contemporaneously with this contract contain
the entire agreement between you and us relating to the sale and financing of the motor vehicle. Any change to this contract must be in writing and we
must sign it. If any part of this contract is not valid, all other parts stay valid.
Buyer Signs X_ Co-Buyer Signs X_ N/A
NOTICE TO BUYER
a) Do not sign this contract before you read it or if it contains any blank spaces,
b) You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights.
Signed, sealed and delivered by the Buyer, who hereby acknowledges receipt of a completed copy of
this contract and agrees to its terms.
Buyer Signs X ^_____________________ Date 3/18/2021 Co-Buyer Signs X_ N/A Date
Buyers and Othfef Owi^rs’^A buyer is a person who is responsible for paying the entire debt. An "other owner” is a person whose name is on the title to
the vehicle but doe/mot have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other owner signs here X_ Date Address
Seller Signs X_ Date 3/18/2021 Printed Name. Title
This contract consists of 5 pages. Be sure to initial pages 2 through 5 as indicated.
THiS CONTRACT CONTAINS AN ARBITRATION CLAUSE ON PAGE 5.
Page 1 of 5 (of document 652003)
>2019 Frazer Computing, Inc.
EXHIBIT
FZ-IN-RIC-SIA 10/19 Simple Interest Retail Installment Contract
1
The Annual Percentage Rate may be negotiable with ITEMIZATION OF AMOUNT FINANCED
the Seller. The Seller may assign this contract and (1) CASH PRICE
retain its right to receive a part of the Finance Charge. a. Vehicle 5,500.00
INSURANCE: CREDIT LIFE INSURANCE AND CREDIT
DISABILITY INSURANCE ARE NOT REQUIRED TO OBTAIN b. Sales Tax 392.00
CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN
AND AGREE TO PAY THE ADDITIONAL COST. WE MAY
CASH PRICE [(a)+(b)] 5,892.00 (11
RETAIN OR RECEIVE A PORTION OF THIS AMOUNT.
(2) DOWN PAYMENT
TYPE OF CREDIT ORIGINAL COST FOR THE 800.00
c. Cash Down payment
INSURANCE TERM ORIGINAL TERM
d. Deferred Down payment N/A
□ CREDIT LIFE N/A N/A
□ CREDIT DISABILITY Net Trade In Allowance
N/A N/A
CHOICE OF COVERAGE AS SPECIFIED IS ACKNOWLEDGED BY Gross Trade In N/A
BUYER’S SIGNATURE
Less Payoff N/A
Buyer Signs X_ N/A e. Net Trade In N/A
Date N/A Date of Birth N/A TOTAL DOWN PAYMENT [(c)+(d)+(e)] 800.00 (2)
If Total Down Payment is negative
enter $0.00 and insert that amount on (4)r below
Co-Buyer Signs X_ N/A
(3) UNPAID BALANCE OF CASH PRICE [(1)-(2)] 5,092.00 (3)
Date N/A Date of Birth N/A
(4) OTHER CHARGES INCLUDING AMOUNTS
COMPREHENSIVE AND COLLISION INSURANCE IS REQUIRED: PAID TO OTHERS ON YOUR BEHALF
You may obtain or provide through an existing policy, or a policy you
independently obtain and pay for, the required insurance through any f. Official Fees to Government Agencies
duly licensed agent or broker, subject to our right to refuse to accept Tag and Title Fee 18.00
an insurer you offer for reasonable cause.
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY g. To Insurance Company for Credit Life Premium* N/A
AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT
h. To Insurance Company for Credit Disability Premium* N/A
PROVIDED UNDER THIS CONTRACT.
i. To_______________N/A__________________
OPTIONAL GAP WAIVER (DEBT CANCELLATION AGREEMENT). for Extended Service Contract* N/A
A Guaranteed Asset Protection ("GAP") Waiver or Debt
Cancellation Agreement is not required to obtain credit and will not j. To Seller for Document Prep Fee__________ 100.00
be provided uniess you sign below and agree to pay the additional
cost. If you agree to buy a GAP Waiver, the charge is shown below k. N/A N/A
and in the Itemization of Amount Financed. Your GAP Waiver
Agreement is a part of this contract. See your GAP Waiver N/A N/A
Agreement for details on the protection it provides.
N/A N/A
N/A
Name of GAP Waiver Agreement N/A N/A
Price: $______ N/A______Term: N/A
o._ N/A N/A
You want to purchase the optional GAP Waiver: N/A N/A
P-.
X_____________ N/A____________ q-. N/A N/A
Signature of Buyer Requesting Coverage Date
r. N/A N/A
N/A
Signature of Co-Buyer Requesting Coverage Date TOTAL OTHER CHARGES AND AMOUNTS PAID TO
OTHERS ON YOUR BEHALF 118.00 (4)
[(f)+(g)+(h)+(i)+G)+(k)+(l)+(m)+(n)+(o)+(p)+(q)+(r)]
□ VENDOR’S SINGLE INTEREST (VSI) INSURANCE. If the
preceding box is checked, you are required to purchase VSI (5) AMOUNT FINANCED (Principal Balance) [(3)+(4)] 5,210.00 fsi
insurance as part of this sale. VSI insurance is for the sole
protection of the Holder against loss of or damage to the vehicle. *Seller May Retain A Portion of These Amounts
You may purchase VSI insurance through any Insurance
company or agency you choose who is reasonably acceptable
to us. If you choose to finance the insurance as part of this
contract, you will pay $_____ N/A______ . The coverage is for the
initial term of the contract. Any insurer issuing VSI insurance
waives its rights of subrogation against the Buyer.
Ae,
Initials_____
Buyer
N/A
Co-Buyer
/
Preview
45D03-2403-CC-002472 Filed: 3/14/2024 1:04 PM Clerk Lake Superior Court, Civil Division 3 Lake County, Indiana STATE OF INDIANA ) IN THE LAKE CIRCUIT/SUPERIOR COURT )SS: COUNTY OF LAKE ) CAUSE NO. HS FINANCIAL GROUP, LLC ) Plaintiff, ) Vs. ) ) ASIANERRA PURDIMON ) Defendant(s) ) COMPLAINT Now comes Plaintiff, HS FINANCIAL GROUP, LLC, by counsel, and for its Complaint against the Defendant(s), ASIANERRA PURDIMON would state as follows: 1. The Defendant(s) is/are resident(s) of the State of Indiana and are subject to the Court’s jurisdiction. 2. The Defendant(s) previously entered into a retail installment contract and security agreement for the purchase of a certain automobile. A copy of said retail installment contract and security agreement is marked as “Exhibit 1”, attached hereto and made a part of this Complaint. 3. The Plaintiff is the current holder of said account and is entitled to all rights as owner thereof. A copy of assignment history of the account is collectively marked as “Exhibit 2”, attached hereto and made a part of this Complaint. 4. The Defendant(s) defaulted on their contractual obligations by failing to make all of the required payments pursuant to the installment contract and is/are indebted to the Plaintiff in the amount of $2,473.52. A copy of the Explanation of Calculation of Surplus or Deficiency notice is marked as “Exhibit 3”, attached hereto and made a part of this Complaint. 5. Pursuant to “Exhibit 1” to this Complaint, the Plaintiff is entitled to recover court costs and reasonable attorney fees for the need to pursue this cause of action. 1 6. A copy of the Plaintiff’s Affidavit of Debt is marked as “Exhibit 4”, attached hereto and made a part of this Complaint. WHEREFORE, Plaintiff prays judgment against the Defendant(s), for the principal sum of $2,473.52 plus statutory interest of eight percent (8%) per annum from date of judgment, plus the costs of this action and reasonable attorney fees and for all other just and proper relief in the premises. Respectfully submitted, /s/ Aaron K. Westlake Aaron K. Westlake, #29087-49 Law Offices of Timothy Sullivan 18013 Cleveland Parkway, Suite 180 Cleveland, Ohio 44135 Phone: (216) 762-1700 Fax: (216) 938-6644 Email: Indianacourts@tmslaw.net Attorney for Plaintiff 2 CONTRACT DATE: 3/18/2021 RETAIL INSTALLMENT CONTRACT FZ-IN-RIC-SIA ACCOUNT#: 4899 SIMPLE INTEREST Buyer Name and Address Seller Name and Address ASIANERRA SHANNA DE AIRE PURDIMON PRONTO AUTO SALES 2504 WINFIELD AVE 2545 LAFAYETTE RD INDIANAPOLIS, IN 46222 INDIANAPOLIS, IN 46222 County: MARION County: MARION Co-Buyer Name and Address In this contract, "you” and "your” refer to the Buyer or Buyers signing below. "Seller,” "we” and "us” refer to the Seller shown above. "Holder” is the Seller, or, if this contract has been assigned, the party who has been assigned this contract. "Vehicle” refers to the vehicle described below. "Buyer,” “you” and "your” shall include the plural. You promise to pay to the order of the Holder (at its office or at such other place as the Holder may designate and instruct you) the Amount Financed and the Finance Charge (see below) as outlined in the schedule of payments below and as described in this contract. New/Used Year Make Model Vehicle Identification Number Mileage S Personal, Family or Household Use Used 2006 BUICK LACROSSE 127725 □ Business Use Description of Trade-ln(s): N/A FEDERAL TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE THE AMOUNT OF CREDIT THE AMOUNT YOU WILL HAVE THE TOTAL COST OF YOUR PERCENTAGE CHARGE PROVIDED TO YOU OR ON PAID AFTER YOU HAVE MADE ALL PURCHASE ON CREDIT, INCLUDING RATE THE DOLLAR AMOUNT THE YOUR BEHALF. PAYMENTS AS SCHEDULED. YOUR DOWN PAYMENT OF CREDIT WILL COST YOU. THE COST OF YOUR CREDIT AS A YEARLY RATE. 800.00 IS 21.00 % $ 917.05 $ 5,210.00 $ 6,127.05 6,927.05 Your Payment Schedule Will Be: Number of Payments Amount of Payments When Payments are Due 81 $ 75.00 WEEKLY beginning March 25, 2021, due every Thursday 1 $ 52.05 October 13, 2022 Late Charge: If payment is not received in full within 10 days after it is due, you will be charged a late charge of $ 5.00. Prepayment: If you pay off all or any part of your debt eaiiy, you will not be charged a minimum finance charge. Security Interest: You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, our right to accelerate the maturity of this obligation, any required repayment in full before the scheduled date, prepayment refunds and penalties, and our security interest. □ MINIMUM FINANCE CHARGE: You agree to pay a minimum finance charge of $_ N/A if, upon prepayment in full, the amount of finance charges accrued would be less than such minimum charge. HOW THIS CONTRACT CAN BE CHANGED. This contract and the related documents that you sign contemporaneously with this contract contain the entire agreement between you and us relating to the sale and financing of the motor vehicle. Any change to this contract must be in writing and we must sign it. If any part of this contract is not valid, all other parts stay valid. Buyer Signs X_ Co-Buyer Signs X_ N/A NOTICE TO BUYER a) Do not sign this contract before you read it or if it contains any blank spaces, b) You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Signed, sealed and delivered by the Buyer, who hereby acknowledges receipt of a completed copy of this contract and agrees to its terms. Buyer Signs X ^_____________________ Date 3/18/2021 Co-Buyer Signs X_ N/A Date Buyers and Othfef Owi^rs’^A buyer is a person who is responsible for paying the entire debt. An "other owner” is a person whose name is on the title to the vehicle but doe/mot have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here X_ Date Address Seller Signs X_ Date 3/18/2021 Printed Name. Title This contract consists of 5 pages. Be sure to initial pages 2 through 5 as indicated. THiS CONTRACT CONTAINS AN ARBITRATION CLAUSE ON PAGE 5. Page 1 of 5 (of document 652003) >2019 Frazer Computing, Inc. EXHIBIT FZ-IN-RIC-SIA 10/19 Simple Interest Retail Installment Contract 1 The Annual Percentage Rate may be negotiable with ITEMIZATION OF AMOUNT FINANCED the Seller. The Seller may assign this contract and (1) CASH PRICE retain its right to receive a part of the Finance Charge. a. Vehicle 5,500.00 INSURANCE: CREDIT LIFE INSURANCE AND CREDIT DISABILITY INSURANCE ARE NOT REQUIRED TO OBTAIN b. Sales Tax 392.00 CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST. WE MAY CASH PRICE [(a)+(b)] 5,892.00 (11 RETAIN OR RECEIVE A PORTION OF THIS AMOUNT. (2) DOWN PAYMENT TYPE OF CREDIT ORIGINAL COST FOR THE 800.00 c. Cash Down payment INSURANCE TERM ORIGINAL TERM d. Deferred Down payment N/A □ CREDIT LIFE N/A N/A □ CREDIT DISABILITY Net Trade In Allowance N/A N/A CHOICE OF COVERAGE AS SPECIFIED IS ACKNOWLEDGED BY Gross Trade In N/A BUYER’S SIGNATURE Less Payoff N/A Buyer Signs X_ N/A e. Net Trade In N/A Date N/A Date of Birth N/A TOTAL DOWN PAYMENT [(c)+(d)+(e)] 800.00 (2) If Total Down Payment is negative enter $0.00 and insert that amount on (4)r below Co-Buyer Signs X_ N/A (3) UNPAID BALANCE OF CASH PRICE [(1)-(2)] 5,092.00 (3) Date N/A Date of Birth N/A (4) OTHER CHARGES INCLUDING AMOUNTS COMPREHENSIVE AND COLLISION INSURANCE IS REQUIRED: PAID TO OTHERS ON YOUR BEHALF You may obtain or provide through an existing policy, or a policy you independently obtain and pay for, the required insurance through any f. Official Fees to Government Agencies duly licensed agent or broker, subject to our right to refuse to accept Tag and Title Fee 18.00 an insurer you offer for reasonable cause. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY g. To Insurance Company for Credit Life Premium* N/A AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT h. To Insurance Company for Credit Disability Premium* N/A PROVIDED UNDER THIS CONTRACT. i. To_______________N/A__________________ OPTIONAL GAP WAIVER (DEBT CANCELLATION AGREEMENT). for Extended Service Contract* N/A A Guaranteed Asset Protection ("GAP") Waiver or Debt Cancellation Agreement is not required to obtain credit and will not j. To Seller for Document Prep Fee__________ 100.00 be provided uniess you sign below and agree to pay the additional cost. If you agree to buy a GAP Waiver, the charge is shown below k. N/A N/A and in the Itemization of Amount Financed. Your GAP Waiver Agreement is a part of this contract. See your GAP Waiver N/A N/A Agreement for details on the protection it provides. N/A N/A N/A Name of GAP Waiver Agreement N/A N/A Price: $______ N/A______Term: N/A o._ N/A N/A You want to purchase the optional GAP Waiver: N/A N/A P-. X_____________ N/A____________ q-. N/A N/A Signature of Buyer Requesting Coverage Date r. N/A N/A N/A Signature of Co-Buyer Requesting Coverage Date TOTAL OTHER CHARGES AND AMOUNTS PAID TO OTHERS ON YOUR BEHALF 118.00 (4) [(f)+(g)+(h)+(i)+G)+(k)+(l)+(m)+(n)+(o)+(p)+(q)+(r)] □ VENDOR’S SINGLE INTEREST (VSI) INSURANCE. If the preceding box is checked, you are required to purchase VSI (5) AMOUNT FINANCED (Principal Balance) [(3)+(4)] 5,210.00 fsi insurance as part of this sale. VSI insurance is for the sole protection of the Holder against loss of or damage to the vehicle. *Seller May Retain A Portion of These Amounts You may purchase VSI insurance through any Insurance company or agency you choose who is reasonably acceptable to us. If you choose to finance the insurance as part of this contract, you will pay $_____ N/A______ . The coverage is for the initial term of the contract. Any insurer issuing VSI insurance waives its rights of subrogation against the Buyer. Ae, Initials_____ Buyer N/A Co-Buyer /