Preview
45D11-2406-CC-006055 Filed: 6/18/2024 9:07 AM
Clerk
Lake Superior Court, Civil Division 7 Lake County, Indiana
STATE OF INDIANA ) IN THE LAKE CIRCUIT/SUPERIOR COURT
) SS:
COUNTY OF LAKE ) CAUSE NO.
VALLE SERRULATA, LLC
Plaintiff,
Vs
DESEAN TURNER
Defendant(s)
COMPLAINT
Now comes Plaintiff, VALLE SERRULATA, LLC, by counsel, and for its Complaint against
the Defendant(s), DESEAN TURNER 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.
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.
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.
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
$12,954.50. 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.
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.
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
$12,954.50 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
ILAW 553-IL-ARB-eps-14 1/20
RETAIL INSTALLMENT CONTRACT - SIMPLE FINANCE CHARGE DEAL#: 501541
WITH ARBITRATION PROVISION) CUST#:
Contract Number: 0081142
Buyer Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address)
(Including County and Zip Code) {Including County and Zip Code) SKOKIE MOTOR SALES INC DBA SHERMAN DODGE
DESEAN TURNER
954 E 36TH AVE APT OH 7601 SKOKIE BLVD
N/A SKOKIE, IL 60077
GRIFFITH, IN 46319
| County: LAKE 847-982-9500
You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit for
the deferred payment price under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes “we” or “us” in this contract) the Amount
Financed and Finance Charge in U.S. funds according to the payment schedule below. If any amount remains unpaid fifteen days after the final payment
due date, we will assess finance charges on the unpaid balance at the Annual Percentage Rate shown in the Truth-in-Lending Disclosures. We will figure
your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract.
| New/Used Year Make and Model Odometer Vehicie Identification Number Primary Use For Which Purchased
rsonal, fai ;, oF household unless
otherwise indicated below
NISSAN CO business
USED | 2017 Sentra 36701 I 0 agricultural N/A _
FEDERAL TRUTH-IN-LENDING DISCLOSURES NOTICE: ANY HOLDER OF THIS
ANNUAL FINANCE Amount otal | total ‘Sale CONSUMER CREDIT CONTRACT IS
CE CEN TAGE CHARGE Inanced Payments SUBJECT TO ALL CLAIMS AND
The dollar The amount of The amount The total cost of
you Ir purchase on DEFENSES WHICH THE DEBTOR
The cost of
your credit as
amount the
credit will
credit provided | will have paid after
to you or you have made all cre including , COULD ASSERT AGAINST THE
a yearly rate. cost you. on your behalf. payments as your down
SELLER OF GOODS OR SERVICES
scheduled. payment of
is} OBTAINED PURSUANT HERETO OR
—__ 18.75 %] $ __14057,12_] $ ___20500,00 | $ __34557.12 | $ __35057.12 WITH THE PROCEEDS HEREOF.
Your Payment Schedule Will Be: (e) means an estimate RECOVERY HEREUNDER BY THE
Number of Amountof woe Pe ents 7G DEBTOR SHALL NOT EXCEED
Payments Payments ue Kent AMOUNTS PAID BY THE DEBTOR
ce HEREUNDER.
72 $ 479.96 Monthly. ‘beginning 12/02/2021
NWA $s N/A N/A The preceding NOTICE applies only to
goods or services obtained primarily for
personal, family, or household use. In all
| N/A
Late Charge. If payment is not received in full within 10 des
due, you will pay a
other cases, Buyer will not assert against
any subsequent holder or assignee of this
late charge of $ 10 or 5% of the part of the payment thatislate, whichever is greater. contract any claims or defenses the Buyer
Prepayment. If you pay early, you will not have to pay a penalty. 5 (debtor) may have against the Seller, or
Security Interest. You are giving a security interest in the vehicle. being purchased. against the manufacturer of the vehicle or
Additional Information: See this contract for more information ifcluding ‘information about non:
payment, default, any required repayment in full before the scheduled:date and security interest. equipment obtained under this contract.
ili this box is checked, the following late charge applies to vehiciés purchased primarily for business use.
if a payment is not received in full within days after it & de, you val pay a late charge of $ N/A or ___N/A_»
of the part of the
payment that is late, whichever is less. z==o Cc
If this box is not checked, the late charge in the “Federal Truth-In-Lending Disclosures” Still applies.
FOR USED VEHICLES ONLY
Minois law requires that this vehicle will be free of a defect in a power train component for 15 days or 500 miles after delivery,
whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. “Power train component”
means the engine block, head, all internal engine parts, oll pan and gaskets, water pump, intake manifold, transmission, and all
internal transmission parts, torque converter, drive shaft, universal joints, rear axle and all rear axle internal parts, and rear wheel
bearings. You (the consumer) will have to pay up to $100 for each of the first 2 repairs if the warranty is violated.
ATTENTION CONSUMER: SIGN HERE ONLY IF THE SELLER HAS TOLD YOU THAT TH! IS VEHICLE HAS THE FOLLOWING
PROBLEM OR PROBLEMS AND YOU AGREE TO BUY THE VEHICLE ON THOSE TERI s
ATENCION CONSUMIDOR: FIRME AQui SO MENTE SI EL VENDEDOR LE HA DICHO QUE EL VEHICULO Ti E EL/LOS
SIGUIENTE(S) PROBLEMA(S) Y USTED EST. DE ACUERDO EN COMPRAR EL VEHICULO SEGUN ESTOS RMINOS: Te
1. NA 2._N/A 3._N/A
10/18/2021 x
Buyer Signs (Date) Co-Buyer Signs (Date)
NOTICE OF POSSIBLE REFUND OF CREDIT LIFE OR DISABILITY INSURANCE
IF YOU HAVE PURCHASED EITHER CREDIT LIFE OR CREDIT DISABILITY INSURAN
BOTH, TO GUARANTEE PAYMENTS BEING MADE IN CASE OF YOUR DEATH OR DISABILITY,
PREM
s |!
Ce, OR
ON YOUR VEHICLE PURCHASED UNDER AN INSTALLMENT SALES CONTRACT, YOU MAY BE
ENTITLED TO A PARTIAL REFUND OF YOUR PREMIUM IF YOU PAY OFF YOUR INSTALLMENT
LOAN EARLY.
CONTACT TH eg
IN CASE OF EARLY COMPLETE PAYMENT OF YOUR LOAN, YOU SHOULD
ELLER OF YOUR CREDIT LIFE OR CREDIT DISABILITY INSURANCE TO SEE
IF A REFUND IS DUE. IF YOUR VEHICLE DEALER FINANCED YOUR LOAN, THE SELLER OF
YOUR CREDIT LIFE OR CREDIT DISABILITY INSURANCE IS YOUR VEHICLE DEALER.
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Buyer Initials X _ Verso Initials X_N/A__ LAW 559-IL-ARB-eps-14 1/20 v1. Page 1 of 5
EXHIBIT
1
ITEMIZATION OF AMOUNT FINANCED. INSURANCE. YOU MAY BUY THE
1 Cash Price (including $ __1300.24 sales tax) $____20519.65 (1) RANCI THIS CONTRACT
REQUIRE
CCEx ear
FR NE YOU coors
thcontrraed you
Bch
2 Total Downpayment = rovide the sical damage Insurance
Trade-In existin,
e) el) that
not
cutain ord unees he bocrea ‘otherVen insurance to
Gross Trade-In Allowance
Less PayOff Made By Seller to WA
$____ NA Interest Insurance is required craged
\dor’s Single
It any insurance is checked below,
below.
or
Equals Net Trade In N/A certificates from the named ins jurance rabatin will
+ Cash describe the terms and
$——___500.00_
+ Other N/A. Check the Insurance
you want and si
+Other N/A below:
N/A Optional Credit Insurance
+ Other N/A
O Credit Life: CiBuyer OCo-Buyer Both
(if total downpayment is negative, enter “0” and see 4K below) $_____500,00 (2) O Credit Disability: D Buyer 2) Co-Buyer O Both
$ Unpaid Balance of Cash Price (1 minus 2) 20019.65_ (3) Premium:
4 Other Charges Including Amounts Paid to Others on Your Behalf Credit Life $__________
WA __
(Seller may keep part of these amounts): Credit Disability $___ N/A
A mi of Optional Credit Insurance Paid to In: surance Companyor Companies. Insurance Company Name N/A
N/A Term N/A NA
Disability_ (A Term. NA $. N/A. Home Office Address N/A
B Vendor's Single Interest pas Paid to I insurance Company $____NA
Paid to Insurance s_____N/A_ CREDIT LIFE INSURANCE AND
D Optional
Gap Contract INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT.
Your decision
to buy or not buy credit Iie insurance
and credit
E Official Fees Paid to Government
Agencies insurance will not be & factor in the credit approval
to WA for_N/A process. They will not be provided unless you sign and agree to
to NA for_N/A the extra cost. If you choose this insurance, the cost is
shown in Item 44 of the Itemization of Amount Financed. Credit
to_ NWA for_N/A lite insuranceis based on your schedule. This
F Government Taxes Not Included in Cash Price N/A insurance a Pay a i contractif
G Government License and/or Registration Fees tate does not cover any
increase
in your payment or in the number
of payments,
—WA Coverage for credit lite insurance and credit di
151.00_ insuranceends on the ue date forthe last payment
H Optional ERT Fee Paid ATE OF IL 25.00 unless a different
term for the insurance
is shown below,
1 Government Certificate of Title Fees $—_____15.00_
J To ler
FEE. A DOCUMENTARY
BY LAW, er my BE CHARGED
JS NOT AN OFFICIAL FEE. A DOCUM!
BUYERS FOR
ING OF A SALE. THE | DOCUMENTARY
IDLING DOCUMENTS
FEE BEGINNING
Sara ae Other Optional Insurance
a N/A
—tn
DOCUMENTARY FEE IS THE BASE DOCUMENTARY FEE OF|
WHi SHALL BE SUBJECT TO AN ANNUAL RATE:
BUREAU OF STATISTICS CONSUMER PRICE INDEX. THIS NOTICE IS REQUIRED BY LAW. Typeof Insurance
ler must eae paid and describe purpose) Prom $ ee
eee NA
1oNA for Prior Credit or Lease Balance 0.00 Insurance Company Name__N/A
to WA for N/A A.
fo WA for N/A s_.._NA Se eames
fo N/A for WA
to WA for N/A N/A a NIA N/A
to NWA for N/A N/A Type of Insurance Term
to WA for N/A N/A Premium $ N/A
IOWA for NA NAL Insurance Company Name ___N/A
for N/A N/A,
tO N/A for N/A N/A Home Office ae a
id to Others on Your halt $__ 480.35 (4)
Other optional insurance is not required to
5 Amount Finanoed (3 + 4) $ 20500.00 (5) ‘Your decision to. or not other: wi
Rot be a factorin ‘the credit approval process. It will not be
OPTION: () You pay no finance charge if the Amount Financed, item 5, is paid in full on or before provided unless you sign and agree to pay the extra cost.
Year N/A. . SELLER'S INITIALS __N/A__ | want the optional credit insurance and the other insur-
ance checked above.
OPTIONAL GAP CONTRACT. Agap contract (debt cancellation contract) is not required to obtain XNA
credit and will not be provided unless sign below and agree to pay the extra charge. If you choose Buyer Signature
to buy a gap contract, the charge Is shown in Item 4D of the itemization of Financed. See your
gap contract for detalis on the terms and conditions it provides. It Is a part of this contract. MWAS te Se
Co-Buyer Signature
Term N/A_ Mos. N/A
Name of Gap Contract NOT INCLUDE INSUR-
ANCE ON YOUR LIABILITY FOR BODILY INJURY
| want to buy a gap contract. OR PROPERTY DAMAGE
Buyer Signs X N/A ‘You understand that Seller or its affiliates, or any holder
of the contract or its affiliates,
may
tion or something of value in connection
with the sale of
CIVENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked,
the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for lossor Returned Check Charge: if any check or other draft
damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance Is for the Creditor’s sole you give us Is dishonored,or any electronic
is returned unpaid, you will pay us a charge of $25 or,
protection. This Insurance does not protect your interest In the vehicle. You may choose the at our option,an In excess of $25 for our
Insurance company through which the VS! Insurance Is obtained. If you elect to purchase VS! fees incurred in collection of the check or draft. We will
insurance through the Creditor, the cost of this Insurance Is $____N/A_ andis also shown make written demand on you if we elect to pursue a
nonlitigated collection action against you for our costs
in item 4B of the Itemization of Amount Financed. The coverage Is for the Initial tarm of the contract, and expenses
in excess of $25.
NO COOLING OFF PERIOD
State law does not provide for a “cooling off” or cancellation rlod for this sale. After you sign this
contract, you may oni cancel it if the seller agrees or for legal cause. You cannot cancel this contract
simply because you change your mind. This notice does not apply to home solicitation sales.
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—
OTHER IMPORTANT AGREEMENTS
1 FINANCE CHARGE AND PAYMENTS date of the cancellation or expiration of the insurance.
a. How we will figure Finance Charge. We will figure the We may add the costs of the insurance to your total
. Financé Charge on a daily basis at the Annual Percentage outstanding balance or obligation. The costs of the
Rate on the unpaid part of the Amount Financed. insurance may be more than the cost of insurance you
Fitteen days after the final installment is due as originally may be able to obtain on your own.
scheduled or deferred, we will compute and charge If we buy insurance, the charge will be the premium for the
interest on any balance remaining unpaid, including any insurance and a finance charge computed at the Annual
unpaid default charges or deferment charges, at the Percentage Rate shown on page 1 of this contract or, at our
Annual Percentage Rate shown on page 1 of this contract. option, the rate we are charging when we buy the insurance.
How we will apply payments. We may apply each What happens to returned insurance, maintenance,
payment to the earned and unpaid part of the Finance service, or other contract charges. If we get a refund of
Charge, to the unpaid part of the Amount Financed and to insurance, maintenance, service, or other contract charges,
other amounts you owe under this contract in any order we you agree that we may subtract the refund from what you
choose as the law allows. owe.
How late payments or early payments change what
you must pay. We based the Finance Charge, Total of 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
Payments, and Total Sale Price shown on page 1 of this a. You may owe late charges. You will pay a late charge on
contract on the assumption that you will make every each late payment as shown on page 1 of this contract.
payment on the day it is due. Your Finance Charge, Total Acceptance of a late payment or late charge does not
of Payments, and Total Sale Price will be more if you pay excuse your late payment or mean that you may keep
late and less if you pay early. Changes may take the form making late payments. If you pay late, we may also take the
of a larger or smaller final payment or, at our option, more steps described below.
or fewer payments of the same amount as your scheduled You may have to pay all you owe at once. If you break
payment with a smaller final payment. We will send you a your promises (default), we may demand that you pay all
notice telling you about these changes before the final you owe on this contract at once subject to any right the law
scheduled payment is due. gives you to reinstate this contract.
You may prepay. You may prepay all or part of the unpaid Default means:
part of the Amount Financed at any time without penalty. . You do not pay any payment on time;
if you do so, you must pay the earned and unpaid part of . You give false, incomplete, or misleading information
the Finance Charge and all other amounts due up to the during credit application;
date of your payment. . You start a proceeding in bankruptcy or one is started
against you or your property; or
YOUR OTHER PROMISES TO US . You break any agreements in this contract.
a. If the vehicle is damaged, destroyed, or missing. You The amount you will owe will be the unpaid part of the
agree to pay us all you owe under this contract even if the Amount Financed plus the earned and unpaid part of the
vehicle is damaged, destroyed, or missing. Finance Charge, any late charges, and any amounts due
Using the vehicle. You agree not to remove the vehicle because you defaulted.
from the U.S. or Canada, or to sell, rent, lease, or transfer You may have to pay collection costs. if we hire an
any interest in the vehicle or this contract without our attorney to collect what you owe, you will pay our reasonable
written permission. You agree not to expose the vehicle to attorney's fee as the law allows. If a judgment is entered
misuse, seizure, confiscation, or involuntary transfer. If we against you, you will pay any court costs the court awards
pay any repair bills, storage bills, taxes, fines, or charges
on the vehicle, you agree to repay the amount when we We may take the vehicle from you. If you default, we may
ask for it. take (repossess) the vehicle from you if we do so peacefully
Security Interest. and the law allows it. If your vehicle has an electronic
You give us a security interest in: tracking device (such as GPS), you agree that we may use
. The vehicle and all parts or goods put on it; the device to find the vehicle. If we take the vehicle, any
. All money or goods received (proceeds) for the accessories, equipment, and replacement parts will stay
vehicle; with the vehicle. If any personal items are in the vehicle, we
. All insurance, maintenance, service, or other contracts may store them for you. If you do not ask for these items
we finance for you; and back, we may dispose of them as the law allows.
. All proceeds from insurance, maintenance, service, or How you can get the vehicle back If we take it. If we
other contracts we finance for you. This includes any repossess the vehicle, in many situations, the law gives you
refunds of premiums or charges from the contracts. the right to pay to get it back. We will tell you what you have
This secures payment of all you owe on this contract. It to do to get the vehicle back.
also secures your other agreements in this contract. You We will sell the vehicle if you do not get it back. If you do
will make sure the title shows our security interest (lien) in not do what is required to get the vehicle back, we will sell
the vehicle. You will not allow any other security interest to the vehicle. We will send you a written notice of sale before
be placed on the title without our written permission. selling the vehicle.
Insurance you must have on the vehicle. We will apply the money from the sale, less allowed
You agree to have physical damage insurance covering expenses, to the amount you owe. Allowed expenses are
loss of or damage to the vehicle for the term of this expenses we pay as a direct result of taking the vehicle,
contract.
You agree to name us on your insurance policy holding it, preparing it for sale, and selling it. Attorney fees
as an additional insured and as loss payee. The insurance and court costs the law permits are also allowed expenses.
must cover our interest in the vehicle. If the vehicle is lost If any money is left (surplus), we will payit to you unless the
or damaged, you agree that we may use any insurance law requires us to pay it to someone else. If money from the
‘settlement to reduce what you owe or repair the vehicle. sale is not enough to pay the amount you owe, you must pay
Unless you provide us with evidence of the insurance the rest to us. If you do not pay this amount when we ask,
coverage required by this contract, we may buy we may charge you interest at a rate not exceeding the
insurance at your expense to protect our interests in highest lawful rate until you pay.
a the vehicle. This insurance may, but need not, protect What we may do about optional insurance, main-
your interests. The coverage that we buy may not pay tenance, service, or other contracts. This contract may
any claim that you make or any clalm that Is made contain charges for optional insurance, maintenance,
against you in connection with the vehicle. You may service, or other contracts. If we demand that you. pay all you
later cancel any insurance we buy, but only after owe at once or we repossess the vehicle, you agree that we
providing us with evidence that you have obtained may claim benefits under these contracts and cancel them
Insurance as required by this contract. If we buy to obtain refunds of unearned charges to reduce what you
insurance for the vehicle, you will be responsible for owe or repair the vehicle. If the vehicle is a total loss
the costs of that insurance, including finance charges because it is confiscated, damaged, or stolen, we may claim
and any other charges we may impose in connection benefits under these contracts and cancel them to obtain
with the placement of the insurance, until the effective refunds of unearned charges to reduce what you owe.
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Buyer initials X VI. Co-Buyer initials X_N/A_ LAW 553-IL-ARB-eps-14 1/20 v1 Page
3 of 5
4, WARRANTIES SELLER DISCLAIMS 5. Used Car Buyers Guide. The Information you see on the
If the vehicle you purchased is a new vehicle, unless the window form for this vehicle is part of this contract.
Seller makes a written warranty, or enters Into a service Information on the window form overrides any contrary
contract within 90 days from the date of this contract, the provisions in the contract of sale.
Seller makes no warranties, express or implied, on the Spanish Translation: Gula para compradores de vehiculos
vehicle, and there will be no implied warranties of merchant- usados. La informacién que ve en el formulario de la
ability or fitness for a particular purpose. ventanilla para este vehiculo forma parte del presente
If the vehicle you purchased Is a used vehicle, unless the contrato. La informacién del formulario de la ventaniila deja
‘Seller makes a written warranty, or enters into a service sin efecto toda disposicién en contrario contenida en el
contract within 90 days from the date of this contract, the contrato de venta.
Seller makes no express warranties on the vehicle, and
there will be no implied warranties of fitness for a particular SERVICING AND COLLECTION CONTACTS
purpose. The vehicle is subject to an implied warranty of You agree that we may try to contact you in writing, by e-mail, or
merchantabllity, but only to the extent required by Illinois using prerecorded/artificial voice messages, text messages, and
law. The implied warranty of merchantability expires at automatic telephone dialing systems, as the law allows. You also
midnight of the 15" calendar day after delivery of the vehicle agree that we may try to contact you in these and other ways at any
or until the vehicle is driven 500 miles after delivery, address or telephone number you provide us, even if the telephone
whichever Is earlier. This implied warranty of merchant- number is a cell phone number or the contact results in a charge
ability does not extend to damage that occurs after the sale to you.
that results from: (1) off-road use; (2) racing; (3) towing; (4)
abuse; (5) misuse; (6) neglect; (7) failure to perform regular 7 APPLICABLE LAW
maintenance; and (8) failure to maintain adequate oll, Federal law and the law of the state of Illinois apply to this contract.
coolant, and other required fluids or lubricants.
The above provisions do not affect any warranties covering the
vehicle that the vehicie manufacturer may provide.
Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision below, you te may elect to
Preview
45D11-2406-CC-006055 Filed: 6/18/2024 9:07 AM Clerk Lake Superior Court, Civil Division 7 Lake County, Indiana STATE OF INDIANA ) IN THE LAKE CIRCUIT/SUPERIOR COURT ) SS: COUNTY OF LAKE ) CAUSE NO. VALLE SERRULATA, LLC Plaintiff, Vs DESEAN TURNER Defendant(s) COMPLAINT Now comes Plaintiff, VALLE SERRULATA, LLC, by counsel, and for its Complaint against the Defendant(s), DESEAN TURNER 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. 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. 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. 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 $12,954.50. 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. 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. 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 $12,954.50 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 ILAW 553-IL-ARB-eps-14 1/20 RETAIL INSTALLMENT CONTRACT - SIMPLE FINANCE CHARGE DEAL#: 501541 WITH ARBITRATION PROVISION) CUST#: Contract Number: 0081142 Buyer Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address) (Including County and Zip Code) {Including County and Zip Code) SKOKIE MOTOR SALES INC DBA SHERMAN DODGE DESEAN TURNER 954 E 36TH AVE APT OH 7601 SKOKIE BLVD N/A SKOKIE, IL 60077 GRIFFITH, IN 46319 | County: LAKE 847-982-9500 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit for the deferred payment price under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes “we” or “us” in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. If any amount remains unpaid fifteen days after the final payment due date, we will assess finance charges on the unpaid balance at the Annual Percentage Rate shown in the Truth-in-Lending Disclosures. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. | New/Used Year Make and Model Odometer Vehicie Identification Number Primary Use For Which Purchased rsonal, fai ;, oF household unless otherwise indicated below NISSAN CO business USED | 2017 Sentra 36701 I 0 agricultural N/A _ FEDERAL TRUTH-IN-LENDING DISCLOSURES NOTICE: ANY HOLDER OF THIS ANNUAL FINANCE Amount otal | total ‘Sale CONSUMER CREDIT CONTRACT IS CE CEN TAGE CHARGE Inanced Payments SUBJECT TO ALL CLAIMS AND The dollar The amount of The amount The total cost of you Ir purchase on DEFENSES WHICH THE DEBTOR The cost of your credit as amount the credit will credit provided | will have paid after to you or you have made all cre including , COULD ASSERT AGAINST THE a yearly rate. cost you. on your behalf. payments as your down SELLER OF GOODS OR SERVICES scheduled. payment of is} OBTAINED PURSUANT HERETO OR —__ 18.75 %] $ __14057,12_] $ ___20500,00 | $ __34557.12 | $ __35057.12 WITH THE PROCEEDS HEREOF. Your Payment Schedule Will Be: (e) means an estimate RECOVERY HEREUNDER BY THE Number of Amountof woe Pe ents 7G DEBTOR SHALL NOT EXCEED Payments Payments ue Kent AMOUNTS PAID BY THE DEBTOR ce HEREUNDER. 72 $ 479.96 Monthly. ‘beginning 12/02/2021 NWA $s N/A N/A The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all | N/A Late Charge. If payment is not received in full within 10 des due, you will pay a other cases, Buyer will not assert against any subsequent holder or assignee of this late charge of $ 10 or 5% of the part of the payment thatislate, whichever is greater. contract any claims or defenses the Buyer Prepayment. If you pay early, you will not have to pay a penalty. 5 (debtor) may have against the Seller, or Security Interest. You are giving a security interest in the vehicle. being purchased. against the manufacturer of the vehicle or Additional Information: See this contract for more information ifcluding ‘information about non: payment, default, any required repayment in full before the scheduled:date and security interest. equipment obtained under this contract. ili this box is checked, the following late charge applies to vehiciés purchased primarily for business use. if a payment is not received in full within days after it & de, you val pay a late charge of $ N/A or ___N/A_» of the part of the payment that is late, whichever is less. z==o Cc If this box is not checked, the late charge in the “Federal Truth-In-Lending Disclosures” Still applies. FOR USED VEHICLES ONLY Minois law requires that this vehicle will be free of a defect in a power train component for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. “Power train component” means the engine block, head, all internal engine parts, oll pan and gaskets, water pump, intake manifold, transmission, and all internal transmission parts, torque converter, drive shaft, universal joints, rear axle and all rear axle internal parts, and rear wheel bearings. You (the consumer) will have to pay up to $100 for each of the first 2 repairs if the warranty is violated. ATTENTION CONSUMER: SIGN HERE ONLY IF THE SELLER HAS TOLD YOU THAT TH! IS VEHICLE HAS THE FOLLOWING PROBLEM OR PROBLEMS AND YOU AGREE TO BUY THE VEHICLE ON THOSE TERI s ATENCION CONSUMIDOR: FIRME AQui SO MENTE SI EL VENDEDOR LE HA DICHO QUE EL VEHICULO Ti E EL/LOS SIGUIENTE(S) PROBLEMA(S) Y USTED EST. DE ACUERDO EN COMPRAR EL VEHICULO SEGUN ESTOS RMINOS: Te 1. NA 2._N/A 3._N/A 10/18/2021 x Buyer Signs (Date) Co-Buyer Signs (Date) NOTICE OF POSSIBLE REFUND OF CREDIT LIFE OR DISABILITY INSURANCE IF YOU HAVE PURCHASED EITHER CREDIT LIFE OR CREDIT DISABILITY INSURAN BOTH, TO GUARANTEE PAYMENTS BEING MADE IN CASE OF YOUR DEATH OR DISABILITY, PREM s |! Ce, OR ON YOUR VEHICLE PURCHASED UNDER AN INSTALLMENT SALES CONTRACT, YOU MAY BE ENTITLED TO A PARTIAL REFUND OF YOUR PREMIUM IF YOU PAY OFF YOUR INSTALLMENT LOAN EARLY. CONTACT TH eg IN CASE OF EARLY COMPLETE PAYMENT OF YOUR LOAN, YOU SHOULD ELLER OF YOUR CREDIT LIFE OR CREDIT DISABILITY INSURANCE TO SEE IF A REFUND IS DUE. IF YOUR VEHICLE DEALER FINANCED YOUR LOAN, THE SELLER OF YOUR CREDIT LIFE OR CREDIT DISABILITY INSURANCE IS YOUR VEHICLE DEALER. 78518°1°SD-Fi 10/18/2021 02:57 PM Buyer Initials X _ Verso Initials X_N/A__ LAW 559-IL-ARB-eps-14 1/20 v1. Page 1 of 5 EXHIBIT 1 ITEMIZATION OF AMOUNT FINANCED. INSURANCE. YOU MAY BUY THE 1 Cash Price (including $ __1300.24 sales tax) $____20519.65 (1) RANCI THIS CONTRACT REQUIRE CCEx ear FR NE YOU coors thcontrraed you Bch 2 Total Downpayment = rovide the sical damage Insurance Trade-In existin, e) el) that not cutain ord unees he bocrea ‘otherVen insurance to Gross Trade-In Allowance Less PayOff Made By Seller to WA $____ NA Interest Insurance is required craged \dor’s Single It any insurance is checked below, below. or Equals Net Trade In N/A certificates from the named ins jurance rabatin will + Cash describe the terms and $——___500.00_ + Other N/A. Check the Insurance you want and si +Other N/A below: N/A Optional Credit Insurance + Other N/A O Credit Life: CiBuyer OCo-Buyer Both (if total downpayment is negative, enter “0” and see 4K below) $_____500,00 (2) O Credit Disability: D Buyer 2) Co-Buyer O Both $ Unpaid Balance of Cash Price (1 minus 2) 20019.65_ (3) Premium: 4 Other Charges Including Amounts Paid to Others on Your Behalf Credit Life $__________ WA __ (Seller may keep part of these amounts): Credit Disability $___ N/A A mi of Optional Credit Insurance Paid to In: surance Companyor Companies. Insurance Company Name N/A N/A Term N/A NA Disability_ (A Term. NA $. N/A. Home Office Address N/A B Vendor's Single Interest pas Paid to I insurance Company $____NA Paid to Insurance s_____N/A_ CREDIT LIFE INSURANCE AND D Optional Gap Contract INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT. Your decision to buy or not buy credit Iie insurance and credit E Official Fees Paid to Government Agencies insurance will not be & factor in the credit approval to WA for_N/A process. They will not be provided unless you sign and agree to to NA for_N/A the extra cost. If you choose this insurance, the cost is shown in Item 44 of the Itemization of Amount Financed. Credit to_ NWA for_N/A lite insuranceis based on your schedule. This F Government Taxes Not Included in Cash Price N/A insurance a Pay a i contractif G Government License and/or Registration Fees tate does not cover any increase in your payment or in the number of payments, —WA Coverage for credit lite insurance and credit di 151.00_ insuranceends on the ue date forthe last payment H Optional ERT Fee Paid ATE OF IL 25.00 unless a different term for the insurance is shown below, 1 Government Certificate of Title Fees $—_____15.00_ J To ler FEE. A DOCUMENTARY BY LAW, er my BE CHARGED JS NOT AN OFFICIAL FEE. A DOCUM! BUYERS FOR ING OF A SALE. THE | DOCUMENTARY IDLING DOCUMENTS FEE BEGINNING Sara ae Other Optional Insurance a N/A —tn DOCUMENTARY FEE IS THE BASE DOCUMENTARY FEE OF| WHi SHALL BE SUBJECT TO AN ANNUAL RATE: BUREAU OF STATISTICS CONSUMER PRICE INDEX. THIS NOTICE IS REQUIRED BY LAW. Typeof Insurance ler must eae paid and describe purpose) Prom $ ee eee NA 1oNA for Prior Credit or Lease Balance 0.00 Insurance Company Name__N/A to WA for N/A A. fo WA for N/A s_.._NA Se eames fo N/A for WA to WA for N/A N/A a NIA N/A to NWA for N/A N/A Type of Insurance Term to WA for N/A N/A Premium $ N/A IOWA for NA NAL Insurance Company Name ___N/A for N/A N/A, tO N/A for N/A N/A Home Office ae a id to Others on Your halt $__ 480.35 (4) Other optional insurance is not required to 5 Amount Finanoed (3 + 4) $ 20500.00 (5) ‘Your decision to. or not other: wi Rot be a factorin ‘the credit approval process. It will not be OPTION: () You pay no finance charge if the Amount Financed, item 5, is paid in full on or before provided unless you sign and agree to pay the extra cost. Year N/A. . SELLER'S INITIALS __N/A__ | want the optional credit insurance and the other insur- ance checked above. OPTIONAL GAP CONTRACT. Agap contract (debt cancellation contract) is not required to obtain XNA credit and will not be provided unless sign below and agree to pay the extra charge. If you choose Buyer Signature to buy a gap contract, the charge Is shown in Item 4D of the itemization of Financed. See your gap contract for detalis on the terms and conditions it provides. It Is a part of this contract. MWAS te Se Co-Buyer Signature Term N/A_ Mos. N/A Name of Gap Contract NOT INCLUDE INSUR- ANCE ON YOUR LIABILITY FOR BODILY INJURY | want to buy a gap contract. OR PROPERTY DAMAGE Buyer Signs X N/A ‘You understand that Seller or its affiliates, or any holder of the contract or its affiliates, may tion or something of value in connection with the sale of CIVENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for lossor Returned Check Charge: if any check or other draft damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance Is for the Creditor’s sole you give us Is dishonored,or any electronic is returned unpaid, you will pay us a charge of $25 or, protection. This Insurance does not protect your interest In the vehicle. You may choose the at our option,an In excess of $25 for our Insurance company through which the VS! Insurance Is obtained. If you elect to purchase VS! fees incurred in collection of the check or draft. We will insurance through the Creditor, the cost of this Insurance Is $____N/A_ andis also shown make written demand on you if we elect to pursue a nonlitigated collection action against you for our costs in item 4B of the Itemization of Amount Financed. The coverage Is for the Initial tarm of the contract, and expenses in excess of $25. NO COOLING OFF PERIOD State law does not provide for a “cooling off” or cancellation rlod for this sale. After you sign this contract, you may oni cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. 78618*1*SD-FI 10/18/2021 02:57 PM Buyer Initials X i emp waer N/A LAW 553-IL-ARB-eps-14 1/20 v1 Page 2 ofS — OTHER IMPORTANT AGREEMENTS 1 FINANCE CHARGE AND PAYMENTS date of the cancellation or expiration of the insurance. a. How we will figure Finance Charge. We will figure the We may add the costs of the insurance to your total . Financé Charge on a daily basis at the Annual Percentage outstanding balance or obligation. The costs of the Rate on the unpaid part of the Amount Financed. insurance may be more than the cost of insurance you Fitteen days after the final installment is due as originally may be able to obtain on your own. scheduled or deferred, we will compute and charge If we buy insurance, the charge will be the premium for the interest on any balance remaining unpaid, including any insurance and a finance charge computed at the Annual unpaid default charges or deferment charges, at the Percentage Rate shown on page 1 of this contract or, at our Annual Percentage Rate shown on page 1 of this contract. option, the rate we are charging when we buy the insurance. How we will apply payments. We may apply each What happens to returned insurance, maintenance, payment to the earned and unpaid part of the Finance service, or other contract charges. If we get a refund of Charge, to the unpaid part of the Amount Financed and to insurance, maintenance, service, or other contract charges, other amounts you owe under this contract in any order we you agree that we may subtract the refund from what you choose as the law allows. owe. How late payments or early payments change what you must pay. We based the Finance Charge, Total of 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES Payments, and Total Sale Price shown on page 1 of this a. You may owe late charges. You will pay a late charge on contract on the assumption that you will make every each late payment as shown on page 1 of this contract. payment on the day it is due. Your Finance Charge, Total Acceptance of a late payment or late charge does not of Payments, and Total Sale Price will be more if you pay excuse your late payment or mean that you may keep late and less if you pay early. Changes may take the form making late payments. If you pay late, we may also take the of a larger or smaller final payment or, at our option, more steps described below. or fewer payments of the same amount as your scheduled You may have to pay all you owe at once. If you break payment with a smaller final payment. We will send you a your promises (default), we may demand that you pay all notice telling you about these changes before the final you owe on this contract at once subject to any right the law scheduled payment is due. gives you to reinstate this contract. You may prepay. You may prepay all or part of the unpaid Default means: part of the Amount Financed at any time without penalty. . You do not pay any payment on time; if you do so, you must pay the earned and unpaid part of . You give false, incomplete, or misleading information the Finance Charge and all other amounts due up to the during credit application; date of your payment. . You start a proceeding in bankruptcy or one is started against you or your property; or YOUR OTHER PROMISES TO US . You break any agreements in this contract. a. If the vehicle is damaged, destroyed, or missing. You The amount you will owe will be the unpaid part of the agree to pay us all you owe under this contract even if the Amount Financed plus the earned and unpaid part of the vehicle is damaged, destroyed, or missing. Finance Charge, any late charges, and any amounts due Using the vehicle. You agree not to remove the vehicle because you defaulted. from the U.S. or Canada, or to sell, rent, lease, or transfer You may have to pay collection costs. if we hire an any interest in the vehicle or this contract without our attorney to collect what you owe, you will pay our reasonable written permission. You agree not to expose the vehicle to attorney's fee as the law allows. If a judgment is entered misuse, seizure, confiscation, or involuntary transfer. If we against you, you will pay any court costs the court awards pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we We may take the vehicle from you. If you default, we may ask for it. take (repossess) the vehicle from you if we do so peacefully Security Interest. and the law allows it. If your vehicle has an electronic You give us a security interest in: tracking device (such as GPS), you agree that we may use . The vehicle and all parts or goods put on it; the device to find the vehicle. If we take the vehicle, any . All money or goods received (proceeds) for the accessories, equipment, and replacement parts will stay vehicle; with the vehicle. If any personal items are in the vehicle, we . All insurance, maintenance, service, or other contracts may store them for you. If you do not ask for these items we finance for you; and back, we may dispose of them as the law allows. . All proceeds from insurance, maintenance, service, or How you can get the vehicle back If we take it. If we other contracts we finance for you. This includes any repossess the vehicle, in many situations, the law gives you refunds of premiums or charges from the contracts. the right to pay to get it back. We will tell you what you have This secures payment of all you owe on this contract. It to do to get the vehicle back. also secures your other agreements in this contract. You We will sell the vehicle if you do not get it back. If you do will make sure the title shows our security interest (lien) in not do what is required to get the vehicle back, we will sell the vehicle. You will not allow any other security interest to the vehicle. We will send you a written notice of sale before be placed on the title without our written permission. selling the vehicle. Insurance you must have on the vehicle. We will apply the money from the sale, less allowed You agree to have physical damage insurance covering expenses, to the amount you owe. Allowed expenses are loss of or damage to the vehicle for the term of this expenses we pay as a direct result of taking the vehicle, contract. You agree to name us on your insurance policy holding it, preparing it for sale, and selling it. Attorney fees as an additional insured and as loss payee. The insurance and court costs the law permits are also allowed expenses. must cover our interest in the vehicle. If the vehicle is lost If any money is left (surplus), we will payit to you unless the or damaged, you agree that we may use any insurance law requires us to pay it to someone else. If money from the ‘settlement to reduce what you owe or repair the vehicle. sale is not enough to pay the amount you owe, you must pay Unless you provide us with evidence of the insurance the rest to us. If you do not pay this amount when we ask, coverage required by this contract, we may buy we may charge you interest at a rate not exceeding the insurance at your expense to protect our interests in highest lawful rate until you pay. a the vehicle. This insurance may, but need not, protect What we may do about optional insurance, main- your interests. The coverage that we buy may not pay tenance, service, or other contracts. This contract may any claim that you make or any clalm that Is made contain charges for optional insurance, maintenance, against you in connection with the vehicle. You may service, or other contracts. If we demand that you. pay all you later cancel any insurance we buy, but only after owe at once or we repossess the vehicle, you agree that we providing us with evidence that you have obtained may claim benefits under these contracts and cancel them Insurance as required by this contract. If we buy to obtain refunds of unearned charges to reduce what you insurance for the vehicle, you will be responsible for owe or repair the vehicle. If the vehicle is a total loss the costs of that insurance, including finance charges because it is confiscated, damaged, or stolen, we may claim and any other charges we may impose in connection benefits under these contracts and cancel them to obtain with the placement of the insurance, until the effective refunds of unearned charges to reduce what you owe. 78518°1°SD-Fi 10/18/2021 (02:57 PM Buyer initials X VI. Co-Buyer initials X_N/A_ LAW 553-IL-ARB-eps-14 1/20 v1 Page 3 of 5 4, WARRANTIES SELLER DISCLAIMS 5. Used Car Buyers Guide. The Information you see on the If the vehicle you purchased is a new vehicle, unless the window form for this vehicle is part of this contract. Seller makes a written warranty, or enters Into a service Information on the window form overrides any contrary contract within 90 days from the date of this contract, the provisions in the contract of sale. Seller makes no warranties, express or implied, on the Spanish Translation: Gula para compradores de vehiculos vehicle, and there will be no implied warranties of merchant- usados. La informacién que ve en el formulario de la ability or fitness for a particular purpose. ventanilla para este vehiculo forma parte del presente If the vehicle you purchased Is a used vehicle, unless the contrato. La informacién del formulario de la ventaniila deja ‘Seller makes a written warranty, or enters into a service sin efecto toda disposicién en contrario contenida en el contract within 90 days from the date of this contract, the contrato de venta. Seller makes no express warranties on the vehicle, and there will be no implied warranties of fitness for a particular SERVICING AND COLLECTION CONTACTS purpose. The vehicle is subject to an implied warranty of You agree that we may try to contact you in writing, by e-mail, or merchantabllity, but only to the extent required by Illinois using prerecorded/artificial voice messages, text messages, and law. The implied warranty of merchantability expires at automatic telephone dialing systems, as the law allows. You also midnight of the 15" calendar day after delivery of the vehicle agree that we may try to contact you in these and other ways at any or until the vehicle is driven 500 miles after delivery, address or telephone number you provide us, even if the telephone whichever Is earlier. This implied warranty of merchant- number is a cell phone number or the contact results in a charge ability does not extend to damage that occurs after the sale to you. that results from: (1) off-road use; (2) racing; (3) towing; (4) abuse; (5) misuse; (6) neglect; (7) failure to perform regular 7 APPLICABLE LAW maintenance; and (8) failure to maintain adequate oll, Federal law and the law of the state of Illinois apply to this contract. coolant, and other required fluids or lubricants. The above provisions do not affect any warranties covering the vehicle that the vehicie manufacturer may provide. Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision below, you te may elect to