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COMMON PLEAS COURT
MICHELE K. MUMFORD
SHELBY COUNTY CLERK
CASE #24CV 000149
24-00443-0
SHELBY COUNTY COMMON PLEAS COURT
FILED 05/20/2024 07:48 PM
SAC FINANCE, INC.
c/o Rachel J. Mason
Attorney at Law CASE NO.:
4660 Duke Drive, Suite 110
P.O. Box 498367
Cincinnati, OH 45249
PLAINTIFF
VS. COMPLAINT
($15,171.48)
KEVIN YANTIS
319 S West Ave
Sidney Ohio 45365
HARLIE G. YANTIS
319 S West Ave
Sidney Ohio 45365
DEFENDANT(S)
FIRST CLAIM FOR RELIEF
1. Defendant(s) has/have entered into a lending agreement(s) with Plaintiff and
Defendant(s) is/are in default owing Plaintiff the principal balance of $15,171.48.
2. Defendant(s) has/have failed to comply with Plaintiff's demand for payment, and there
is now due and owing to Plaintiff the principal balance of $15,171.48.
SECOND CLAIM FOR RELIEF
3. Plaintiff re-alleges the allegations contained in paragraphs 1 through 2 of the
Complaint.
4. Defendant(s) has/have been unjustly enriched, to the detriment of Plaintiff, and
Defendant(s) owes/owe Plaintiff the principal balance of $15,171.48.
5. Defendant(s) has/have failed to comply with Plaintiffs demand for payment, and there
is now due and owing to Plaintiff the principal balance $15,171.48.
THIRD CLAIM FOR RELIEF
6. Plaintiff re-alleges the allegations contained in paragraph 1-5 of the Complaint.
7. Plaintiff rendered a statement of the account to Defendant, and the Defendant has not
objected to the amounts charged and/or the balance stated within a reasonable time.
8. Defendant(s) has/have failed to comply with Plaintiff's demand for payment, and there
is now due and owing to Plaintiff the principal balance of $15,171.48.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $15,171.48,
plus pre-judgment interest and post judgment interest, and costs expended herein and for all
other proper relief.
Respectfully submitted,
/s/ RACHEL J. MASON
Rachel J. Mason
Supreme Court #0076645
J. Blake Thomas
Supreme Court#0082821
Mason, Schilling & Mason Co., LPA
Attorneys for Plaintiff
4660 Duke Drive, Ste 110, Mason, Ohio 45040
P.O. Box 498367, Cincinnati, Ohio 45249
Phone (513)489-0829, Fax (513)489-0834
msm@mason-law.com
This communication is from a debt collector.
AFFIDAVIT OF CLAIM
BEFORE ME, the undersigned authority, personally appeared Affiant, DIANA
MENEFEE, who being at least eighteen years of age and after being first duly sworn, deposes and says:
1. lam the ASSET RECOVERY MANANGER of SAC FINANCE, INC.
2, Further the affiant is familiar with the business records and the dealings with KEVIN
YANTIS. The debtor (s) owes to Creditor the principal sum of $15,171.48.
3. The amounts charged for the goods and/or services provided by creditor are fair and reasonable
the
to the best of affiant's knowledge and belief, and all credits, payments and offsets have been applied to
account.
°
VERIFICATION: The undersigned, being first duly sworn, deposes and says: That he/she has read
or heard read the foregoing Affidavit and knows the contents thereof; that the same is true of
n and
his/her own knowledge, except as to the matter and things alleged therein on informatio
belief, and as to such matters and things, ‘Cee
ACKNOWLEDGMENT
SWORN AND SUBSCRIBED to before me this day of _ 04
AL
NOTARY PUBLIC
219511 a a
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Seller Buyer
RETAIL INSTALLMENT
CONTRACT AND SEcurITY | SUPERIOR AUTO, INC. KEVIN N YANTIS
HARLIE G YANTIS
AGREEMENT 810 W RUSSELL RD 319 S WEST AVE
No. 219511 SIDNEY, OH 45365 SIDNEY, OH 45365
"We" and "us" mean the Seller above, "You" and “your” mean each Buyer above,
Date 04-14-2023 its successors and assigns. and guarantor, jointly and individually.
TRUTH IN LENDING DISCLOSURES
FINANCE AMOUNT FINANCED | TOTAL OF PAYMENTS TOTAL SALE PRICE
PERGENTAG E CH E The amount of credit The amount you will have The total cost of your
The dollar amount the provided to you or paid when you have made | purchase on credit, including
The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment of.
as a yearly rate. $ 200.00
21.000 %] ¢ 12,375.90 § 25,431.28) § 38,207.18 $ 39,407.18
Payment Schedule: Your payment schedule will be
Number of Payments Amount of Payments When Payments Are Due
1 200.00 | DEFERRED DOWN PAYMENT DUE 04-21-2023
1 200.00 | DEFERRED DOWN PAYMENT DUE 04-28-2023
206 183.53 | WEEKLY, BEGINNING 05-05-2023
Security: You are giving a security interest in the Mot icle purchased.
O Late Charge: If a payment is more than “day ite,I ‘You, be charged _N/A
N JIM
Prepayment: If you pay off this Contract early, you will not have to pay a:pénalty.
Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any
required repayment before the scheduled date, and prepayment refunds and penalties. Filing Fees: $
a fa Vr
S
CREDIT INSURANCE: Credit life, credit disability (accident ITEMIZATION OF AMOUNT FINANCED
Vel!
health), and any other insurance coverage quoted below, are hot icle Price (including sales tax of $_ 1,826.28 ) $ 26,821.28
required to obtain credit and we will not provide them unless you oF N/Ah $ 0.00
sign and agree to pay the additional premium. If you want such Service Contract, Paid to: N/A * $ 0.00
insurance, we will obtain it for you {if you qualify for coverage).
Gap Amount Waiver or Gap Coverage
We are quoting below ONLY the coverages you have chosen to
Paid to:
0.00
purchase.
I
0.00
Credit Life: Insured N/A (( w
Ar nt to, ee line e. {if e, is negative)
can Price
$
$ 26,821.28
OD Single O Joint Prem. $ N/A. Tern N/A/ 2b: te fr WSC Finances
Credit Disability: Insured N/A Cash Down Payment $ 200.00
Ci Single 1 Joint Prem. $ N/A Term N/A
Deferred Down Payment $ 400.00
a. Total Cash/Rebate Down $ 600.00
b. Trade-In Allowance $ 000.00
Your signature below means you want (only) the insurance 0.00
c. Less: Amount owing $
coverage(s) quoted above. If none are quoted, you have declined
any. coverages we offered. Paid to:
d. Net Trade-In (b. minus c.) 1,000.00 $
N/A N/A e. Net Cash/Trade-In (a. plus d.) $ 1,600.00
Buyer d/o/b Buyer d/o/b Down Payment (e.; disclose as $0 if negative) $ 1,600.00
N/A N/A Unpaid Balance of Cash Price $ 25,221.28
Buyer d/o/b Buyer d/o/b Insurance Premiums* $____0.00
To; Superior Auto for Document Prep Fee $ 195.00
To; Ohio BMV for Title Fee 15.00
To: N/A 0.00
To: N/A 0.00
To: NA 0.00
C1 SINGLE-INTEREST INSURANCE: You must purchase single- To: N/A 0.00
interest insurance as part of this sale transaction. You ma
Total Other Charges/Amounts Pd. to Others 210.00
purchase the coverage from a company of your choice, reasonably 0.00
acceptable to us. If you buy the coverage from or through us, Less: Prepaid Finance Charges
of coverage. Amount Financed $ 25,431.28
you will pay N/A for
*We may retain or receive a portion of this amount.
Wotar Vehicle - Not for Manufactured Homes: VMPCS1B(OH) (1203.00
Reta i Jnstalimont Contract and Security Agreement OHiRSIM1 RSSIMVLAZ-OH 9/10/2012
iP ® Bankors Systems TM Custom KNY HGY Page 1 of &
Woiters Kluwer Financial Services © 1995, 1996
by Superior Auto, Inc. A securiy interest herein has been granted to BMO Harris Bank N.A., as agent for he Lenders and Secured Party
The original document is owned
‘This copy was ervated on 02/13/2024 09:00:55 AM EST.
SALE: You agree to purchase from us, on a time basis, subject to
PROPERTY INSURANCE: You must insure the Property the terms and conditions of this contract and security agreement
securing this Contract. You may purchase or provide the
(Contract), the Motor Vehicle (Vehicle) and additional products
insurance through any insurance company reasonably acceptable
and services described in this Contract. The Vehicle is sold in its
to us. The deductible amount of this insurance may not exceed present condition, together with the usual accessories and
$ 500.00 . If you get insurance from or through us attachments.
you will pay $0.00 for N/A of coverage.
This premium is calculated as follows: Description of Vehicle Purchased
os 0.00 Deductible, Collision Coverage § 0.00 Year 2013 VIN 1C4BJWDG9DL501859
os 10 Deductible, Comprehensive Coverage $ 0.00 Make JEEP Lic. No./Year
C Fire-Theft and Combined Additional Cov. $ 0.00 Model WRANGLER OC New i Used
oO NA $ 0.00 Other: N/A
Liability insurance coverage for bodily injury and Odometer Mileage 149,502
motor vehicle damage caused to others is not Mileage Is Accurate DK Yes OC No
included in this Contract unless checked and Description of Trade-In
indicated.
2006 CHEVROLET EQUINOX
ADDITIONAL PROTECTIONS: You may buy any of the 2CNDL73F066159467
following voluntary protection plans. They are not required to
obtain credit, are not a factor in the credit decision, and are not a SECURITY: To secure your payment and performance under the
factor in the terms of the credit or the related sale of the Vehicle. terms of this Contract, you give us a security interest in the
The voluntary protections will not be provided unless you sign and Vehicle, all accessions, attachments, accessories, and equipment
agree to pay the additional cost. placed in or on the Vehicle, together called Property, and proceeds
Your signature below means that you want the described item of the Property. You also assign to us and give us a security
and that you have received and reviewed a copy of the interest in proceeds and premium refunds of any insurance and
contract(s) for the product(s). If no coverage or charge is given for service contracts purchased with this Contract.
an item, you have declined any such coverage we offered oy
D Service Contract AYe ZIM See )HROMISE!-To PAY AND PAYMENT TERMS: You promise to
“pay ‘us the principal amount of $ 25,431.28 , plus
Term A finance’ ¢harges accruing on the unpaid balance at the rate of
Price $ N/A 21.000 % per year from today's date until paid in
Coverage N/A full,-Finance charges accrue on a 365 day basis.
\Youtagree to pay this Contract according to the payment schedule
{iff
ec
O Gap Waiver or Gap Coverage late charge provisions shown in the TRUTH IN LENDING
Term ILOSURES. You also agree to pay any additional amounts
Price $ NIA according to the terms and conditions of this Contract.
Coverage N/A
DOWN PAYMENT: You also agree to pay, or apply to the Cash
=
fe J
lA Price, or befor
«i
today’s date, any cash, rebate and net trade-in
46 h
{f
alue: scribe’ the ITEMIZATION OF AMOUNT FINANCED.
N/A UiPN
By: Daté , DL You ag make deferred payments as part of the cash
~ Adown paym: ‘as reflected in your Payment Schedule.
D€ RETURNED CHECK CHARGE: If you make any payment
required by this Contract with a check or negotiable instrument
N/A
that is returned or dishonored, you agree to pay a fee of
By: Date
$25.
PREPAYMENT: You may prepay this Contract in full or in part at
N/A any time. Any partial prepayment will not excuse any later
scheduled payments until you pay in full.
Date
By: A refund of any prepaid, unearned insurance premiums may be
obtained from us or from the insurance company named in your
policy or certificate of insurance.
NIA GENERAL TERMS: You have been given the opportunity to
purchase the Vehicle and described additional products and
Date
By: services for the Cash Price or the Total Sale Price. The Total Sale
Price is the total price of the Vehicle and any additional products
and services if you buy them over time. You agreed to purchase
the items over time. The Total Sale Price shown in the TRUTH IN
LENDING DISCLOSURES assumes that all payments will be made
as scheduled. The actual amount you will pay may be more or
less depending on your payment record.
‘Mater Vehicle - Not for Manufactured Homes, VMPCS18(0H) (72081.00
Retail installment Contract and Security ‘Agresr KN HGY PSSIMVLAZOH Page ‘9/10/2012
VMP® Bankers SystemsTM Custom War eSunciun 2 of
Wolters Kluwer Financial Services @ 1995, 1996
‘The original document is owned by SuperiorAt Luto, Ine, A security interest herein has been granted fo BMO Harris Bank N.A., as agent for the Lenders and Secured Party
v s copy was created on 02/18/2024 09:00:55 AM EST.
We do not intend to charge or collect, and you do not agree to We may pay taxes, assessments, or other liens or make
pay, any finance charge or fee, that is more than the maximum repairs to the Property if you have not done so. We are not
amount permitted for this sale by state or federal law. If you pay required to do so. This amount will be due immediately. This
a finance charge or fee that is contrary to this provision, we will, amount will earn finance charges from the date paid at the
instead, apply it first to reduce the principal balance, and when tate described in the PROMISE TO PAY AND PAYMENT
the principal has been paid in full, refund it to you. TERMS section until paid in full.
You understand and agree that we (or our affiliate) will earn Cc We may require you to make the Property available to us at
commissions or fees on any insurance products, and may earn a place we designate that is reasonably convenient to you
such fees on other services that you buy through us or our and us.
affiliate. We may immediately take possession of the Property by
If any section or provision of this Contract is not enforceable, legal process or self-help, but in doing so we may not
the other terms will remain part of this Contract. breach the peace or unlawfully enter onto your premises.
We may then sell the Property and apply what we receive
UNEQUAL PAYMENTS: If this Contract is not payable in as provided by law to our reasonable expenses and then
substantially equal successive installments, you may have the toward your obligations.
right by law to refinance this Contract on terms as favorable as Except when prohibited by law, we may sue you for
the terms originally agreed to in this Contract. This right does not additional amounts if the proceeds of a sale do not pay all of
apply if your payment schedule is adjusted for seasonal or the amounts you owe us.
irregular income. By choosing any one or more of these remedies, we do not
waive our right to later use another remedy. By deciding not to
OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving use any remedy, we do not give up our right to consider the event
us a security interest in the Property, you represent and agree to a default if it happens again.
the following: If we repossess the Property, we will send you written notice
A. Our security interest will not extend to consumer goods of any right to cure you may have within 5 business days after
unless you acquire rights to them within 10 days after we we take possession of the Property. Such notice shall specifically
enter into this Contract, or they are installed in or affixed to set forth the circumstances constituting your default and the
the Vehicle. amount, by itemization, required to cure your default.
You will defend our interests in the Property against claims You agree that if any notice is required to be given to you of an
made by anyone else. You will do whatever is necessary to intended sale or transfer of the Property, notice is reasonable if
keep our claim to the Property ahead of the claim of-anyone mailed to your last known address, as reflected in our records, at
else. i st\1 0. days before the date of the intended sale or transfer (or
The security interest you are giving us in th i Propetty te cl h\other’ period of time as is required by law).
comes ahead of the claim of any other of your ‘genetal\« \You a" gree that, subject to your right to recover such property,
secured creditors. You agree to sign any additional eema: y/take possession of personal property left in or on the
documents or provide us with any additional information roperty securing this Contract and taken into possession as
we may require to keep our claim to the Property ahead of provided above.
the claim of anyone else. You will not do anything QLto.
change our interest in the Property. / oo “INSURANCE: You agree to buy property insurance on the
You will keep the Property in your possession in good
condition and repair. You will use the Property for its 4Property pi rotecting against loss and physical damage and subject
o {a maximum deductible amount indicated in the PROPERTY
intended and lawful purposes. Unless otherwise agree INSURANCE section, or as we will otherwise require. You will
writing, the Property will be located at your address listed name us as loss payee on any such policy. In the event of loss or
on page 1 of this Contract. damage to the Property, we may require additional security or
E You will not attempt to sell the Property (unless it is assurances of payment before we allow insurance proceeds to be
properly identified inventory) or otherwise—transfer -any used to repair or replace the Property. You agree that if the
ue
rights in the Property to anyone else, with it: UF. Of-ringurari¢e proceeds do not cover the amounts you still owe us,
written consent. ff{ tif \ You will !pay:the difference. You may purchase or provide the
You will pay all taxes and assessments on the. rty 88_/ ingurande through’ any insurance company reasonably acceptable
theybecome due. ~7,t0 us. You will keep the insurance in full force and effect until this
You will notify us of any loss or damage to the Propert Contract is paid in full.
You will provide us reasonable access to the Property for If you fail to obtain or maintain this insurance, or name us as a
thepurpose of inspection. Our entry and inspection must loss payee, we may obtain insurance to protect our interest in the
be accomplished lawfully, and without breaching the Property. This insurance may include coverages not required of
peace. you. This insurance may be written by a company other than one
you would choose. It may be written at a rate higher than a rate
DEFAULT: You will be in default on this Contract if any one of you could obtain if you purchased the property insurance required
the following occurs (except as prohibited by law): by this Contract. We will add the premium for this insurance to
A. You fail to perform any obligation that you have undertaken the amount you owe us. Any amount we pay will be due
in this Contract. immediately. This amount will earn finance charges from the date
B. We, in good faith, believe that you cannot, or will not, pay paid at the rate described in the PROMISE TO PAY AND
or perform the obligations you have agreed to in this PAYMENT TERMS section until paid in full.
Contract.
If you default, you agree to pay the actual and reasonable GAP WAIVER OR GAP COVERAGE: In the event of theft or
expenses we incur for repossession, repair, storage and sale of damage to the Vehicle that results in a total loss, there may be a
the Property securing this Contract. gap between the amount due under the terms of this Contract and
lf an event of default occurs as to any one of you, we may the proceeds of your insurance settlement and deductibles. You
exercise our remedies against any or all of you. are liable for this difference. You have the option of purchasing
Gap Waiver or Gap Coverage to cover the gap liability, subject to
REMEDIES: (f you are in default on this Contract, we have, any conditions and exclusions in the Gap Waiver or Gap Coverage
subject to any right to cure that you may have, all of the remedies agreements. If you choose to purchase a G Waiver or Gap
provided by law and this Contract: Coverage product as indicated in the Additional Protections
A. We may, after waiting any required period, require you to section, then the separate Gap Waiver or Gap Coverage product
immediately pay us, subject to any refund required by law, agreement will become a part of this Contract.
the remaining unpaid balance of the amount financed,
finance charges and all other agreed charges.
‘Motor Vehicle - Not for Manufactured Homes ‘VMPCS1S{OR) (7203).00
Retail inetallment Contract and Security Agreement OH RNY HHGOPSSIMVLAZ-OH, Page ‘9110/2012
VMP@® Bankers Systems Cust20 1998, 396 EQHRSIM1 3 of
Walters Kluwer Financial Service:
granted to B! 140 Harris Bank N.A. 26 agent for the Lendors and Secured Patty.
Thu original document is owned by Superior Auto, Inc. A sacurily intorest herein has bean
‘This copy was created on 02/13/2024 09:00:55AM EST.
OBLIGATIONS INDEPENDENT: Each person who signs this ARBITRATION CLAUSE
Contract agrees to pay this Contract according to its terms. This This Agreement contains the following arbitration clause
means the following: ("Clause"). By agreeing to this Agreement you are agreeing to
A. You must pay this Contract even if someone else has also this Clause.
signed it.
B. We may release any co-buyer or guarantor and you will still @ This Clause provides that all disputes between you and us
be obligated to pay this Contract. will be resolved by BINDING ARBITRATION.
C. We may release any security and you will still be obligated
to pay this Contract. @ You thus GIVE UP YOUR RIGHT TO GO TO COURT to
D. If we give up any of our rights, it will not affect your duty to assert or defend your rights under this Agreement (EXCEPT
pay this Contract. for matters that may be taken to SMALL CLAIMS COURT).
E. If we extend new credit or renew this Contract, it will not
affect your duty to pay this Contract. Your rights will be determined by a NEUTRAL ARBITRATOR
and NOT a judge or jury.
WARRANTY: = Warranty information is provided to you
separately. You are entitled to a FAIR HEARING, BUT the arbitration
procedures are SIMPLER AND MORE LIMITED THAN RULES
WAIVER: To the extent permitted by law, you agree to give up APPLICABLE IN COURT.
your rights to require us to do certain things. We are not required
to: (1) demand payment of amounts due; (2) give notice that ° Arbitrator decisions are as enforceable as any court order
amounts due have not been paid, or have not been paid in the and are subject to VERY LIMITED REVIEW BY A COURT.
appropriate amount, time or manner; r, (3) give notice that we
intend to make, or are making, this Contract immediately due. "dispute" is any claim or dispute, in contract, tort or otherwise,
arising between you and us. “Dispute" includes disputes arising
ASSIGNMENT: This Contract and Security Agreement is from or relating to this Agreement, any other agreement related to
assigned to SAC Finance, Inc., Fort Wayne, IN , the Agreement, or relationships that result from either (including
relationships with third parties who do not sign the Agreement or
the Assignee, phone (260) 471-7908 . This assignment is such other agreement).
made under the terms of a separate agreement made between the
‘S a=) ispute" includes claims or disputes arising before, during and
Seller and Assignee.
} after’ th ansactions evidenced by the Agreement. “Dispute”
SE
\S)//ineludes ‘disputes unrelated to the Agreement or other agreement.
THIRD PARTY AGREEMENT “Dispute” shall have the broadest possible meaning.
By signing below you agree to give us a security interest in
the Property described in the SALE section. You also agree to "We," "us," "our" and “third party" include Superior Auto, Inc.,
the terms of this Contract, including the WAIVER section | any.assignees of the Agreement, including SAC Finance, Inc., and
above, except that you will not be liable for the paymentsjit “Nall affiliates, parents and subsidiaries of these parties and all their
requires. Your interest in the Property may be used to sati: employees, agents, or assigns.
the Buyer's obligation. You agree that we may renew, extend,
change this Contract, or release any party or property without (virén you, a third party, or we request arbitration, the dispute will
releasing you from -this Contract. We may take these steps
be resolved by neutral, binding arbitration under the Federal
without notice or demand upon you. Arbitration Act and not by a court. Any dispute is to be arbitrated
You acknowledge receipt of a complete:
this Contract. = a copy of. ‘on an individual basis and not as a class action. You waive your
right_to arbitrate f@ class action, including your right to class relief
:
in. abit ati yy This is referred to below as "the Class Action
(U) ) Waiver. | A
Preview
COMMON PLEAS COURT MICHELE K. MUMFORD SHELBY COUNTY CLERK CASE #24CV 000149 24-00443-0 SHELBY COUNTY COMMON PLEAS COURT FILED 05/20/2024 07:48 PM SAC FINANCE, INC. c/o Rachel J. Mason Attorney at Law CASE NO.: 4660 Duke Drive, Suite 110 P.O. Box 498367 Cincinnati, OH 45249 PLAINTIFF VS. COMPLAINT ($15,171.48) KEVIN YANTIS 319 S West Ave Sidney Ohio 45365 HARLIE G. YANTIS 319 S West Ave Sidney Ohio 45365 DEFENDANT(S) FIRST CLAIM FOR RELIEF 1. Defendant(s) has/have entered into a lending agreement(s) with Plaintiff and Defendant(s) is/are in default owing Plaintiff the principal balance of $15,171.48. 2. Defendant(s) has/have failed to comply with Plaintiff's demand for payment, and there is now due and owing to Plaintiff the principal balance of $15,171.48. SECOND CLAIM FOR RELIEF 3. Plaintiff re-alleges the allegations contained in paragraphs 1 through 2 of the Complaint. 4. Defendant(s) has/have been unjustly enriched, to the detriment of Plaintiff, and Defendant(s) owes/owe Plaintiff the principal balance of $15,171.48. 5. Defendant(s) has/have failed to comply with Plaintiffs demand for payment, and there is now due and owing to Plaintiff the principal balance $15,171.48. THIRD CLAIM FOR RELIEF 6. Plaintiff re-alleges the allegations contained in paragraph 1-5 of the Complaint. 7. Plaintiff rendered a statement of the account to Defendant, and the Defendant has not objected to the amounts charged and/or the balance stated within a reasonable time. 8. Defendant(s) has/have failed to comply with Plaintiff's demand for payment, and there is now due and owing to Plaintiff the principal balance of $15,171.48. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $15,171.48, plus pre-judgment interest and post judgment interest, and costs expended herein and for all other proper relief. Respectfully submitted, /s/ RACHEL J. MASON Rachel J. Mason Supreme Court #0076645 J. Blake Thomas Supreme Court#0082821 Mason, Schilling & Mason Co., LPA Attorneys for Plaintiff 4660 Duke Drive, Ste 110, Mason, Ohio 45040 P.O. Box 498367, Cincinnati, Ohio 45249 Phone (513)489-0829, Fax (513)489-0834 msm@mason-law.com This communication is from a debt collector. AFFIDAVIT OF CLAIM BEFORE ME, the undersigned authority, personally appeared Affiant, DIANA MENEFEE, who being at least eighteen years of age and after being first duly sworn, deposes and says: 1. lam the ASSET RECOVERY MANANGER of SAC FINANCE, INC. 2, Further the affiant is familiar with the business records and the dealings with KEVIN YANTIS. The debtor (s) owes to Creditor the principal sum of $15,171.48. 3. The amounts charged for the goods and/or services provided by creditor are fair and reasonable the to the best of affiant's knowledge and belief, and all credits, payments and offsets have been applied to account. ° VERIFICATION: The undersigned, being first duly sworn, deposes and says: That he/she has read or heard read the foregoing Affidavit and knows the contents thereof; that the same is true of n and his/her own knowledge, except as to the matter and things alleged therein on informatio belief, and as to such matters and things, ‘Cee ACKNOWLEDGMENT SWORN AND SUBSCRIBED to before me this day of _ 04 AL NOTARY PUBLIC 219511 a a SS SEGAL, JORDAN, Hoty ry Publis: 219511 a County, of Indians 24-004 0e8; T7868 oa Hast Hay Commission Expires February 20, 2037 wo 8 “ “ 4 a “1 - 4 4 “4 < “ a 3 ‘2 as xy 9“ Q9eV9 ey y gace Z « ee « a“ eee Seller Buyer RETAIL INSTALLMENT CONTRACT AND SEcurITY | SUPERIOR AUTO, INC. KEVIN N YANTIS HARLIE G YANTIS AGREEMENT 810 W RUSSELL RD 319 S WEST AVE No. 219511 SIDNEY, OH 45365 SIDNEY, OH 45365 "We" and "us" mean the Seller above, "You" and “your” mean each Buyer above, Date 04-14-2023 its successors and assigns. and guarantor, jointly and individually. TRUTH IN LENDING DISCLOSURES FINANCE AMOUNT FINANCED | TOTAL OF PAYMENTS TOTAL SALE PRICE PERGENTAG E CH E The amount of credit The amount you will have The total cost of your The dollar amount the provided to you or paid when you have made | purchase on credit, including The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment of. as a yearly rate. $ 200.00 21.000 %] ¢ 12,375.90 § 25,431.28) § 38,207.18 $ 39,407.18 Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 1 200.00 | DEFERRED DOWN PAYMENT DUE 04-21-2023 1 200.00 | DEFERRED DOWN PAYMENT DUE 04-28-2023 206 183.53 | WEEKLY, BEGINNING 05-05-2023 Security: You are giving a security interest in the Mot icle purchased. O Late Charge: If a payment is more than “day ite,I ‘You, be charged _N/A N JIM Prepayment: If you pay off this Contract early, you will not have to pay a:pénalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. Filing Fees: $ a fa Vr S CREDIT INSURANCE: Credit life, credit disability (accident ITEMIZATION OF AMOUNT FINANCED Vel! health), and any other insurance coverage quoted below, are hot icle Price (including sales tax of $_ 1,826.28 ) $ 26,821.28 required to obtain credit and we will not provide them unless you oF N/Ah $ 0.00 sign and agree to pay the additional premium. If you want such Service Contract, Paid to: N/A * $ 0.00 insurance, we will obtain it for you {if you qualify for coverage). Gap Amount Waiver or Gap Coverage We are quoting below ONLY the coverages you have chosen to Paid to: 0.00 purchase. I 0.00 Credit Life: Insured N/A (( w Ar nt to, ee line e. {if e, is negative) can Price $ $ 26,821.28 OD Single O Joint Prem. $ N/A. Tern N/A/ 2b: te fr WSC Finances Credit Disability: Insured N/A Cash Down Payment $ 200.00 Ci Single 1 Joint Prem. $ N/A Term N/A Deferred Down Payment $ 400.00 a. Total Cash/Rebate Down $ 600.00 b. Trade-In Allowance $ 000.00 Your signature below means you want (only) the insurance 0.00 c. Less: Amount owing $ coverage(s) quoted above. If none are quoted, you have declined any. coverages we offered. Paid to: d. Net Trade-In (b. minus c.) 1,000.00 $ N/A N/A e. Net Cash/Trade-In (a. plus d.) $ 1,600.00 Buyer d/o/b Buyer d/o/b Down Payment (e.; disclose as $0 if negative) $ 1,600.00 N/A N/A Unpaid Balance of Cash Price $ 25,221.28 Buyer d/o/b Buyer d/o/b Insurance Premiums* $____0.00 To; Superior Auto for Document Prep Fee $ 195.00 To; Ohio BMV for Title Fee 15.00 To: N/A 0.00 To: N/A 0.00 To: NA 0.00 C1 SINGLE-INTEREST INSURANCE: You must purchase single- To: N/A 0.00 interest insurance as part of this sale transaction. You ma Total Other Charges/Amounts Pd. to Others 210.00 purchase the coverage from a company of your choice, reasonably 0.00 acceptable to us. If you buy the coverage from or through us, Less: Prepaid Finance Charges of coverage. Amount Financed $ 25,431.28 you will pay N/A for *We may retain or receive a portion of this amount. Wotar Vehicle - Not for Manufactured Homes: VMPCS1B(OH) (1203.00 Reta i Jnstalimont Contract and Security Agreement OHiRSIM1 RSSIMVLAZ-OH 9/10/2012 iP ® Bankors Systems TM Custom KNY HGY Page 1 of & Woiters Kluwer Financial Services © 1995, 1996 by Superior Auto, Inc. A securiy interest herein has been granted to BMO Harris Bank N.A., as agent for he Lenders and Secured Party The original document is owned ‘This copy was ervated on 02/13/2024 09:00:55 AM EST. SALE: You agree to purchase from us, on a time basis, subject to PROPERTY INSURANCE: You must insure the Property the terms and conditions of this contract and security agreement securing this Contract. You may purchase or provide the (Contract), the Motor Vehicle (Vehicle) and additional products insurance through any insurance company reasonably acceptable and services described in this Contract. The Vehicle is sold in its to us. The deductible amount of this insurance may not exceed present condition, together with the usual accessories and $ 500.00 . If you get insurance from or through us attachments. you will pay $0.00 for N/A of coverage. This premium is calculated as follows: Description of Vehicle Purchased os 0.00 Deductible, Collision Coverage § 0.00 Year 2013 VIN 1C4BJWDG9DL501859 os 10 Deductible, Comprehensive Coverage $ 0.00 Make JEEP Lic. No./Year C Fire-Theft and Combined Additional Cov. $ 0.00 Model WRANGLER OC New i Used oO NA $ 0.00 Other: N/A Liability insurance coverage for bodily injury and Odometer Mileage 149,502 motor vehicle damage caused to others is not Mileage Is Accurate DK Yes OC No included in this Contract unless checked and Description of Trade-In indicated. 2006 CHEVROLET EQUINOX ADDITIONAL PROTECTIONS: You may buy any of the 2CNDL73F066159467 following voluntary protection plans. They are not required to obtain credit, are not a factor in the credit decision, and are not a SECURITY: To secure your payment and performance under the factor in the terms of the credit or the related sale of the Vehicle. terms of this Contract, you give us a security interest in the The voluntary protections will not be provided unless you sign and Vehicle, all accessions, attachments, accessories, and equipment agree to pay the additional cost. placed in or on the Vehicle, together called Property, and proceeds Your signature below means that you want the described item of the Property. You also assign to us and give us a security and that you have received and reviewed a copy of the interest in proceeds and premium refunds of any insurance and contract(s) for the product(s). If no coverage or charge is given for service contracts purchased with this Contract. an item, you have declined any such coverage we offered oy D Service Contract AYe ZIM See )HROMISE!-To PAY AND PAYMENT TERMS: You promise to “pay ‘us the principal amount of $ 25,431.28 , plus Term A finance’ ¢harges accruing on the unpaid balance at the rate of Price $ N/A 21.000 % per year from today's date until paid in Coverage N/A full,-Finance charges accrue on a 365 day basis. \Youtagree to pay this Contract according to the payment schedule {iff ec O Gap Waiver or Gap Coverage late charge provisions shown in the TRUTH IN LENDING Term ILOSURES. You also agree to pay any additional amounts Price $ NIA according to the terms and conditions of this Contract. Coverage N/A DOWN PAYMENT: You also agree to pay, or apply to the Cash = fe J lA Price, or befor «i today’s date, any cash, rebate and net trade-in 46 h {f alue: scribe’ the ITEMIZATION OF AMOUNT FINANCED. N/A UiPN By: Daté , DL You ag make deferred payments as part of the cash ~ Adown paym: ‘as reflected in your Payment Schedule. D€ RETURNED CHECK CHARGE: If you make any payment required by this Contract with a check or negotiable instrument N/A that is returned or dishonored, you agree to pay a fee of By: Date $25. PREPAYMENT: You may prepay this Contract in full or in part at N/A any time. Any partial prepayment will not excuse any later scheduled payments until you pay in full. Date By: A refund of any prepaid, unearned insurance premiums may be obtained from us or from the insurance company named in your policy or certificate of insurance. NIA GENERAL TERMS: You have been given the opportunity to purchase the Vehicle and described additional products and Date By: services for the Cash Price or the Total Sale Price. The Total Sale Price is the total price of the Vehicle and any additional products and services if you buy them over time. You agreed to purchase the items over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. ‘Mater Vehicle - Not for Manufactured Homes, VMPCS18(0H) (72081.00 Retail installment Contract and Security ‘Agresr KN HGY PSSIMVLAZOH Page ‘9/10/2012 VMP® Bankers SystemsTM Custom War eSunciun 2 of Wolters Kluwer Financial Services @ 1995, 1996 ‘The original document is owned by SuperiorAt Luto, Ine, A security interest herein has been granted fo BMO Harris Bank N.A., as agent for the Lenders and Secured Party v s copy was created on 02/18/2024 09:00:55 AM EST. We do not intend to charge or collect, and you do not agree to We may pay taxes, assessments, or other liens or make pay, any finance charge or fee, that is more than the maximum repairs to the Property if you have not done so. We are not amount permitted for this sale by state or federal law. If you pay required to do so. This amount will be due immediately. This a finance charge or fee that is contrary to this provision, we will, amount will earn finance charges from the date paid at the instead, apply it first to reduce the principal balance, and when tate described in the PROMISE TO PAY AND PAYMENT the principal has been paid in full, refund it to you. TERMS section until paid in full. You understand and agree that we (or our affiliate) will earn Cc We may require you to make the Property available to us at commissions or fees on any insurance products, and may earn a place we designate that is reasonably convenient to you such fees on other services that you buy through us or our and us. affiliate. We may immediately take possession of the Property by If any section or provision of this Contract is not enforceable, legal process or self-help, but in doing so we may not the other terms will remain part of this Contract. breach the peace or unlawfully enter onto your premises. We may then sell the Property and apply what we receive UNEQUAL PAYMENTS: If this Contract is not payable in as provided by law to our reasonable expenses and then substantially equal successive installments, you may have the toward your obligations. right by law to refinance this Contract on terms as favorable as Except when prohibited by law, we may sue you for the terms originally agreed to in this Contract. This right does not additional amounts if the proceeds of a sale do not pay all of apply if your payment schedule is adjusted for seasonal or the amounts you owe us. irregular income. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. By deciding not to OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving use any remedy, we do not give up our right to consider the event us a security interest in the Property, you represent and agree to a default if it happens again. the following: If we repossess the Property, we will send you written notice A. Our security interest will not extend to consumer goods of any right to cure you may have within 5 business days after unless you acquire rights to them within 10 days after we we take possession of the Property. Such notice shall specifically enter into this Contract, or they are installed in or affixed to set forth the circumstances constituting your default and the the Vehicle. amount, by itemization, required to cure your default. You will defend our interests in the Property against claims You agree that if any notice is required to be given to you of an made by anyone else. You will do whatever is necessary to intended sale or transfer of the Property, notice is reasonable if keep our claim to the Property ahead of the claim of-anyone mailed to your last known address, as reflected in our records, at else. i st\1 0. days before the date of the intended sale or transfer (or The security interest you are giving us in th i Propetty te cl h\other’ period of time as is required by law). comes ahead of the claim of any other of your ‘genetal\« \You a" gree that, subject to your right to recover such property, secured creditors. You agree to sign any additional eema: y/take possession of personal property left in or on the documents or provide us with any additional information roperty securing this Contract and taken into possession as we may require to keep our claim to the Property ahead of provided above. the claim of anyone else. You will not do anything QLto. change our interest in the Property. / oo “INSURANCE: You agree to buy property insurance on the You will keep the Property in your possession in good condition and repair. You will use the Property for its 4Property pi rotecting against loss and physical damage and subject o {a maximum deductible amount indicated in the PROPERTY intended and lawful purposes. Unless otherwise agree INSURANCE section, or as we will otherwise require. You will writing, the Property will be located at your address listed name us as loss payee on any such policy. In the event of loss or on page 1 of this Contract. damage to the Property, we may require additional security or E You will not attempt to sell the Property (unless it is assurances of payment before we allow insurance proceeds to be properly identified inventory) or otherwise—transfer -any used to repair or replace the Property. You agree that if the ue rights in the Property to anyone else, with it: UF. Of-ringurari¢e proceeds do not cover the amounts you still owe us, written consent. ff{ tif \ You will !pay:the difference. You may purchase or provide the You will pay all taxes and assessments on the. rty 88_/ ingurande through’ any insurance company reasonably acceptable theybecome due. ~7,t0 us. You will keep the insurance in full force and effect until this You will notify us of any loss or damage to the Propert Contract is paid in full. You will provide us reasonable access to the Property for If you fail to obtain or maintain this insurance, or name us as a thepurpose of inspection. Our entry and inspection must loss payee, we may obtain insurance to protect our interest in the be accomplished lawfully, and without breaching the Property. This insurance may include coverages not required of peace. you. This insurance may be written by a company other than one you would choose. It may be written at a rate higher than a rate DEFAULT: You will be in default on this Contract if any one of you could obtain if you purchased the property insurance required the following occurs (except as prohibited by law): by this Contract. We will add the premium for this insurance to A. You fail to perform any obligation that you have undertaken the amount you owe us. Any amount we pay will be due in this Contract. immediately. This amount will earn finance charges from the date B. We, in good faith, believe that you cannot, or will not, pay paid at the rate described in the PROMISE TO PAY AND or perform the obligations you have agreed to in this PAYMENT TERMS section until paid in full. Contract. If you default, you agree to pay the actual and reasonable GAP WAIVER OR GAP COVERAGE: In the event of theft or expenses we incur for repossession, repair, storage and sale of damage to the Vehicle that results in a total loss, there may be a the Property securing this Contract. gap between the amount due under the terms of this Contract and lf an event of default occurs as to any one of you, we may the proceeds of your insurance settlement and deductibles. You exercise our remedies against any or all of you. are liable for this difference. You have the option of purchasing Gap Waiver or Gap Coverage to cover the gap liability, subject to REMEDIES: (f you are in default on this Contract, we have, any conditions and exclusions in the Gap Waiver or Gap Coverage subject to any right to cure that you may have, all of the remedies agreements. If you choose to purchase a G Waiver or Gap provided by law and this Contract: Coverage product as indicated in the Additional Protections A. We may, after waiting any required period, require you to section, then the separate Gap Waiver or Gap Coverage product immediately pay us, subject to any refund required by law, agreement will become a part of this Contract. the remaining unpaid balance of the amount financed, finance charges and all other agreed charges. ‘Motor Vehicle - Not for Manufactured Homes ‘VMPCS1S{OR) (7203).00 Retail inetallment Contract and Security Agreement OH RNY HHGOPSSIMVLAZ-OH, Page ‘9110/2012 VMP@® Bankers Systems Cust20 1998, 396 EQHRSIM1 3 of Walters Kluwer Financial Service: granted to B! 140 Harris Bank N.A. 26 agent for the Lendors and Secured Patty. Thu original document is owned by Superior Auto, Inc. A sacurily intorest herein has bean ‘This copy was created on 02/13/2024 09:00:55AM EST. OBLIGATIONS INDEPENDENT: Each person who signs this ARBITRATION CLAUSE Contract agrees to pay this Contract according to its terms. This This Agreement contains the following arbitration clause means the following: ("Clause"). By agreeing to this Agreement you are agreeing to A. You must pay this Contract even if someone else has also this Clause. signed it. B. We may release any co-buyer or guarantor and you will still @ This Clause provides that all disputes between you and us be obligated to pay this Contract. will be resolved by BINDING ARBITRATION. C. We may release any security and you will still be obligated to pay this Contract. @ You thus GIVE UP YOUR RIGHT TO GO TO COURT to D. If we give up any of our rights, it will not affect your duty to assert or defend your rights under this Agreement (EXCEPT pay this Contract. for matters that may be taken to SMALL CLAIMS COURT). E. If we extend new credit or renew this Contract, it will not affect your duty to pay this Contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. WARRANTY: = Warranty information is provided to you separately. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES WAIVER: To the extent permitted by law, you agree to give up APPLICABLE IN COURT. your rights to require us to do certain things. We are not required to: (1) demand payment of amounts due; (2) give notice that ° Arbitrator decisions are as enforceable as any court order amounts due have not been paid, or have not been paid in the and are subject to VERY LIMITED REVIEW BY A COURT. appropriate amount, time or manner; r, (3) give notice that we intend to make, or are making, this Contract immediately due. "dispute" is any claim or dispute, in contract, tort or otherwise, arising between you and us. “Dispute" includes disputes arising ASSIGNMENT: This Contract and Security Agreement is from or relating to this Agreement, any other agreement related to assigned to SAC Finance, Inc., Fort Wayne, IN , the Agreement, or relationships that result from either (including relationships with third parties who do not sign the Agreement or the Assignee, phone (260) 471-7908 . This assignment is such other agreement). made under the terms of a separate agreement made between the ‘S a=) ispute" includes claims or disputes arising before, during and Seller and Assignee. } after’ th ansactions evidenced by the Agreement. “Dispute” SE \S)//ineludes ‘disputes unrelated to the Agreement or other agreement. THIRD PARTY AGREEMENT “Dispute” shall have the broadest possible meaning. By signing below you agree to give us a security interest in the Property described in the SALE section. You also agree to "We," "us," "our" and “third party" include Superior Auto, Inc., the terms of this Contract, including the WAIVER section | any.assignees of the Agreement, including SAC Finance, Inc., and above, except that you will not be liable for the paymentsjit “Nall affiliates, parents and subsidiaries of these parties and all their requires. Your interest in the Property may be used to sati: employees, agents, or assigns. the Buyer's obligation. You agree that we may renew, extend, change this Contract, or release any party or property without (virén you, a third party, or we request arbitration, the dispute will releasing you from -this Contract. We may take these steps be resolved by neutral, binding arbitration under the Federal without notice or demand upon you. Arbitration Act and not by a court. Any dispute is to be arbitrated You acknowledge receipt of a complete: this Contract. = a copy of. ‘on an individual basis and not as a class action. You waive your right_to arbitrate f@ class action, including your right to class relief : in. abit ati yy This is referred to below as "the Class Action (U) ) Waiver. | A