NCB Management Services, Inc. v. Amanda Ledeman

IN THE DISTRICT COURT OF ROGERS COUNTY STATE OF OKLAHOMA NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa Plaintiff, vs. AMANDA LEDEMAN Defendant. PETITION ON DEFICIENCY COMES NOW Plaintiff, NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa, by and through its Attorneys, Berman & Rabin, P.A., and for its cause of action against Defendant, AMANDA LEDEMAN ("Defendant"), states as follows: 1. NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa is a legal entity organized pursuant to the law. 2. AMANDA LEDEMAN is believed to reside in the County of ROGERS. 3. AMANDA LEDEMAN executed and delivered to NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa or Plaintiff's assignor, (collectively "Plaintiff"), a contract, a copy of which is attached hereto, made part hereof and marked "Exhibit A". 4. The Defendant breached the contract by failing to pay one or more of the payments when due and is in default. 5. After the Defendant's default, NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa elected to declare the entire unpaid balance due, as provided in the contract. 6. After the default, the collateral identified in the contract was either repossessed or voluntarily surrendered to NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa or Plaintiff's agent. 7. Thereafter, a notice of intended sale of the collateral was mailed to the Defendant, a copy of which is attached hereto, made part hereof and marked "Exhibit B". 8. Thereafter, the collateral was sold at public auction or private sale. 9. Each and every aspect of the disposition of the collateral was commercially reasonable because: a. The collateral was sold at a regularly occurring sale of motor vehicles that was advertised. b. The collateral was sold at a time during the day when one would normally expect a sale to occur. c. The collateral was sold at a place where one would normally expect a sale to occur. 10. After sale of the collateral, a notice setting forth the surplus or deficiency was mailed to the Defendant, a copy of which is attached hereto, made part hereof and marked "Exhibit C". 11. Demand has been made upon the Defendant for payment thereof, but AMANDA LEDERMAN has failed to pay NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa, the balance due in the amount of $9,102.49. Plaintiff's affidavit of account is attached hereto marked as "Exhibit D". WHEREFORE, Plaintiff, NCB MANAGEMENT SERVICES, INC. Assignee of Route 66 Nissan of Tulsa , prays for judgment against Defendant, AMANDA LEDELMAN , for the sum of $9,102.49, plus interest on any judgment rendered by this Court at the contractual rate of 6% per annum from the date of judgment, for all Court costs, and for such other and further relief this Court deems equitable, just and proper. In addition, pursuant to 40 O.S. Sec. 4-508(D), Plaintiff requests that, upon entry of judgment in favor of Plaintiff herein, an order be entered directing the Oklahoma Employment Security Commission to produce employment information of the Judgment Debtor from the records in their possession upon service of a certified copy of the Order within 120 days subsequent to the filing date of the Journal Entry of Judgment and Order. Respectfully submitted, BERMAN & RABIN, P.A. __________________________ Crystal Griffin, OK #31460 PO Box 1382 Choctaw, OK 73020 (913) 649-1555 FAX (913) 652-9474 EMAIL: [email protected] ATTORNEY FOR PLAINTIFF ATTORNEY LIEN CLAIMED 849658-FCL ILAW 553-OK-ARB-eps-14 7/19 RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) DEAL# 8645 CUS# 42836 BTN# KY250521 Buyer Name and Address (Including County and Zip Code) AMANDA LEDERMAN 2804 E 17TH DR. Co-Buyer Name and Address (Including County and Zip Code) N/A Seller-Creditor (Name and Address) ROUTE 66 NISSAN OF TULSA 6190 E SKELLY DR TULSA, OK 74129 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 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. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. <table> <tr> <th>New/Used</th> <th>Year</th> <th>Make and Model</th> <th>Odometer</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>NEW</td> <td>2019</td> <td>Nissan Sentra</td> <td>11.</td> <td>3N1AB7AP3KY256521</td> <td>Personal: family, or household unless otherwise indicated below<br>business<br>agricultural<br>N/A</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed</th> <th>TOTAL OF Payments</th> <th>- Total Sale Price</th> </tr> <tr> <td>The cost of your credit as a yearly rate<br>18.44%</td> <td>The dollar amount of credit provided to you or on your behalf.<br>$14,864.84</td> <td>The amount of credit provided to you or on your behalf.<br>$22,932.80</td> <td>The amount you will have paid after you have made all payments as scheduled.<br>$27,190.84</td> <td>The total cost of your purchase on credit, including your down payment of<br>$\ 0.00</td> </tr> </table> Your Payment Schedule Will Be: Number of Payments: 72 Amount of Payments: $184.02 When Payments Are Due: Monthly beginning 02/18/2020 Or As Follows: N/A Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $28.00 or 5% of the part of the payment that is late, whichever is greater. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, early refund of repayment in full before the scheduled date and security interest. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta. WARRANTIES SELLER DISCLAIMS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. NO COOLING OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only 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. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. Agreement to Arbitration: By signing below, you agree that, pursuant to the Arbitration Provision on page 4 of this contract, you or we may elect to resolve any dispute by neutral binding arbitration and not by lawsuit. See the Arbitration Provision for additional information concerning the agreement to arbitrate: Buyer Signs X ____________ Co-Buyer Signs X N/A ITEMIZATION OF AMOUNT FINANCED 1. Cash Price (including $ ________ N/A_sales/vacance tax) $ ____ 18128.00 (1) 2. Total Downpayment = Trade-in: 2015 NISSAN Altima Year: ________ Make: ________ Model: ________ Gross Trade-In Allowance: $ 11000.00 Less Pay Off Made By Seller: $ 13500.00 Equals Net Trade In: $ -2500.00 +Cash: $ ________ N/A +Other REBATE: $ 2000.00 +Other N/A: $ ________ N/A +Other N/A: $ ________ N/A +If total downpayment is negative, enter “0” and see #4 below $ ________ 0.00 (2) $ ________ 18128.00 (3) 3. Unpaid Balance of Cash Price (1 minus 2) 4. Other Charges Including Amounts Paid to Others on Your Behalf (Buyer may keep part of these amounts): A. Cost of Optional Credit Insurance Paid to Insurance Company or Companies: Life: ________ N/A Disability: $ ________ N/A Vendor's Single Interest Insurance Paid to Insurance Company: $ ________ N/A Other Optional Insurance Paid to Insurance Company or Companies: $ ________ N/A D. Optional Gap Contract: $ 695.00 E. Official Fees Paid to Government Agencies: to N/A: $ ________ N/A to N/A: $ ________ N/A to N/A: $ ________ N/A F. Government Taxes Not Included in Cash Price: $ ________ N/A G. Government License and/or Registration Fees: ________ N/A H. Government Certificate of Title Fees: ________ N/A I. Other Charges (Seller must identify who is paid and describe purpose): to N/MC: For Prep Cost of Leasing/Leiner: $ ________ 500.00 to ROUTE 90 NISSAN OF TULSA DOCUMENTATION FEE: $ ________ 380.00 to Mechanic Service Contract for SERVICE CONTRACT: $ ________ 2300.00 to N/A: For N/A: $ ________ N/A to N/A: For N/A: $ ________ N/A to N/A: For N/A: $ ________ N/A to N/A: For N/A: $ ________ N/A to N/A: For N/A: $ ________ N/A to N/A: For N/A: $ ________ N/A Total Other Charges and Amounts Paid to Others on Your Behalf: $ ________ 4103.00 (1) 5 Amount Financed (3 + 4): $ 22232.00 (5) OPTION: □ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before N/A: _____ Year: _____ SELLER'S INITIALS: _____ N/A ___ ☐ VENDOR'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 loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI Insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI Insurance is obtained. If you elect to purchase VSI Insurance through the Creditor, the cost of this insurance is $ _____ N/A _____ and is also shown in Item 6B of the Itemization of Amount Financed. The coverage is for the initial term of the contract. Any insurer issuing VSI Insurance waives its rights to subrogation against the buyer. OPTIONAL GAP CONTRANT: A gap contract (defl cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to the extra cost. If you choose to buy a gap contract, the charge is shown in Item 4D of this Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term: 73 Mths. 'GAP NAME OF GAP CONTRACT I want to buy a gap contract. THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. Insurance. You may buy the physical damage insurance. Once this contract receives from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy named or controlled by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor's Single Interest Insurance is required is checked below. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the insurance you want and sign below: Optional Credit Insurance ☐ Credit Life: ☐ Buyer ☐ Co-Buyer ☐ Both ☐ Credit Disability: ☐ Buyer ☐ Co-Buyer ☐ Both Premium Credit Life $ ________ N/A Credit Disability $ ________ N/A Insurance Company Name N/A Home Office Address N/A Other Optional Insurance ☐ Type of Insurance N/A N/A Premium $ ________ N/A Insurance Company Name N/A Home Office Address N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost. I want the insurance checked above. X N/A N/A Buyer Signature Date X N/A N/A Co-Buyer Signature Date OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract, on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: • The vehicle and all parts or goods put on it; • All money or goods received (proceeds) for the vehicle; • All insurance, maintenance, service, or other contracts we finance for you; and • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as an additional insured and as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below. b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading information during credit application; • You start a proceeding in bankruptcy or one is started against you or your property; or • You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe; unless a court awards an additional amount. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for those items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle. f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association, 1833 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $6000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. IF any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. See the rest of this contract for other important agreements. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You acknowledge that you have read all pages of this contract, including the arbitration provision above, before signing below. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs X Date 01/04/2020 Co-Buyer Signs X N/A Date N/A Co-Buyers and Other Owners — A co-owner is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner signs the security interest in the vehicle given to us in this contract Other owner signs here X N/A Addres N/A Seller signs ROUTE 66 NISSAN OF TULSA Date 01/04/2020 By X Signed THE FALT Seller assigns its interest in this contract to SANTANDER CONSUMER UBA (Assignee) under the terms of Seller's agreement(s) with Assignee. ☐ Assigned with recourse ☒ Assigned without recourse ☐ Assigned with limited recourse Sent Via First-Class Mailie April 24, 2024 AMANDA LEDEMAN NOTICE OF OUR PLAN TO SELL PROPERTY Account Number: XXXXXXX3412 Contract Dated ("agreement"): 01/04/2020 Description of Collateral ("collateral"): Year: 2019 | Make: NISSAN | Model: SENTRA | VIN: 3N1AB7AP3KY256521 Dear AMANDA LEDEMAN: This is formal notice that we have the collateral because you broke promises in our agreement. We will sell the collateral at a private sale sometime after 05/09/2024. A sale could include a lease or license. The money we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the collateral back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at (888) 222-4227 or write us at Santander Consumer USA, P.O. Box 961245, Fort Worth, TX 76161-1245. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at (888) 222-4227 or write us at Santander Consumer USA, P.O. Box 961245, Fort Worth, TX 76161-1245 and request a written explanation. We will charge you $0.00 for the explanation if we sent you another written explanation of the amount you owe us within the last six (6) months. If you need more information about the sale, call us at (888) 222-4227, Monday through Friday 7:00 AM to 7:00 PM Central Time, or write us at P.O. Box 961245. Fort Worth, TX 76161-1245. We are sending this notice to the following other people who have an interest in the collateral or who owe money under your agreement: You are receiving this notice due to the legal requirements of the state where you originally signed the agreement and/or the state where you currently reside. Sincerely, Santander Consumer USA P.O. Box 961245 Fort Worth, TX 76161-1245 (888) 222-4227 SEE IMPORTANT CONSUMER NOTICES AT END OF LETTER IMPORTANT CONSUMER NOTICES: If you are entitled to the protections of the United States Bankruptcy Code regarding the subject matter of this letter, this communication is not an attempt to collect a debt from you personally in violation of the bankruptcy code but is for informational purposes only. SANTANDER CONSUMER USA IS A DEBT COLLECTOR, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Santander Consumer USA can report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Attention Servicemembers and Dependents: The Federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including prohibiting repossession under most circumstances during the servicemember's active duty service. Santander Consumer USA will not repossess the property of a service member or his or her dependent during that time, unless pursuant either to a court order or a servicemember's written waiver. You can contact us toll-free at (888) 222-4227 if you have questions about your rights under SCRA. Products and company names mentioned herein may be the trademarks of their respective owners. Explanation of Calculation of Surplus or Deficiency Date: 06/18/2024 AMANDA LEDERMAN Re: Account No. [redacted]1000 Retail Installment Sale or Credit Sale Contract dated 01/04/2020 ("Agreement") 2019 // NISSAN // Sentra // VIN 3N1AB7AP3KY256521 ("Vehicle") Dear AMANDA LEDERMAN: Please be advised that we disposed of the Vehicle on 05/30/2024. The proceeds of the sale have been applied as explained below. If you financed a premium for credit insurance under your Agreement, you may be entitled to a refund of any unearned portion of the premium. 1. Aggregate unpaid balance of Agreement as of 06/18/2024 $18,212.69 2. Rebate of unearned finance charges as of 06/18/2024, if any - $0.00 3. Accrued and unpaid late fees + $78.00 4. Net balance due (1 minus 2 plus 3) = $18,290.69 5. Gross proceeds from the sale of the Vehicle - $8,000.00 6. Subtotal after deducting proceeds of sale (4 minus 5) = $10,290.69 7. Costs of retaking the Vehicle + $570.00 8. Costs of storing the Vehicle + $0.00 9. Costs of preparing the Vehicle for sale + $0.00 10. Costs of selling the Vehicle + $706.00 11. Attorneys' fees and court costs + $0.00 12. Other costs: + $0.00 13. Total Costs (7 through 12) = $1,276.00 14. Credit: Rebate of unearned insurance premiums $0.00 15. Credit: refunds of ancillary products + $248.61 16. Credit: + $0.00 17. Total Credits (14 through 16) = $248.61 18. Balance due/surplus after sale (6 plus or minus 13, plus or minus 17) = $11,318.08 (The checked box applies to you). Deficiency balance for which you are liable and for which demand* is hereby made $11,318.09.* No deficiency balance is owed because the cash price of the Vehicle was less than the minimum under state law. Surplus balance to be remitted to you $0.00. ** Surplus balance paid to a subordinate party $0.00.** **Future debits, credits, charges, finance charges or interest, rebates or other expenses may affect this amount. If you need more information about the transaction, contact us: Santander Consumer USA, P.O. Box 961245, Fort Worth, TX 76161-1245, (888) 222-4227. Sincerely, Santander Consumer USA * NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524) regarding the subject matter of this letter, the following applies to you: THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT A DEBT FROM YOU PERSONALLY IN VIOLATION OF THE BANKRUPTCY CODE AND IS FOR INFORMATIONAL PURPOSES ONLY. SANTANDER CONSUMER USA IS A DEBT COLLECTOR UNLESS THE NOTICE ABOVE APPLIES TO YOU. THIS IS AN ATTEMPT TO COLLECT YOUR DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Santander Consumer USA can report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. NCB MANAGEMENT SERVICES, INC. Plaintiff, vs. AMANDA LEDERMAN Defendant(s) AFFIDAVIT STATE OF PENNSYLVANIA ) COUNTY OF BUCKS ) ss. Before me, the undersigned Notary Public, personally appeared the person identified by name and title below, who being by me duly sworn, deposed and stated as follows: 1. I am making the statements in this Affidavit as of December 16, 2025. My name is LALANI LALSINGH. I am of sound mind, lawful age and capable of making this Affidavit. I am a Custodian of Records, authorized Officer, and employee of the above named Plaintiff. I am duly authorized by the Plaintiff to make this Affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records, physical records, contracts, and records concerning contracts in default. 2. The statements set forth in this Affidavit are true and correct based on my personal knowledge and review of the business records described herein, and the processes by which Plaintiff maintains its business books and records.. 3. These books and records, including specifically Contracts and corresponding documents, are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events; or (2) by a computer or other similar digital means, which contemporaneously records and event as it occurs. 4. My employment duties include being a custodian of records for the Plaintiff with respect to contracts with customers for property and/or related services. As a custodian of such records, I have knowledge of, and access to, Plaintiff's contracts, account information, and records concerning a Contract entered into by Defendant(s) with Plaintiff. 5. The Defendant(s) has/have failed to timely remit payment due under the Contract and is therefore in default thereof. The balance due under the Contract is therefore accelerated, and past due. After all credits and setoffs to which Defendant(s) is/are entitled, there is a total balance owing from Defendant(s) to Plaintiff of $9,102.49 as of December 6, 2025. 6. The above Plaintiff is the current holder and/or servicer and payee of the Contract, and neither the Contract, nor any part thereof, has been assigned to any other person or entity. 7. The books and records of Plaintiff show that credit has been given to Defendant(s) for all just and lawful offsets, payments, and credits as of the date specified herein, and the entire remaining balance on the Contract as set forth in Plaintiff's Complaint now remains due and owing. 8. Demand for payment of the balance owing was made more than thirty (30) days prior to making this Affidavit, after which the attorneys representing Plaintiff were retained for the purpose of collecting on the Contract. 9. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. By: ________________________________ Name: __LALANI LALSINGH___________ Title: _____MEDIA SPECIALIST_________ Subscribed and Sworn before me on Dec 16, 2025 Adrienne Lucas Notary Public My Commission expires: 7/29/29 Commonwealth of Pennsylvania - Notary Seal Adrienne Lucas, Notary Public Bucks County My commission expires July 29, 2029 Commission number 1217249 Member, Pennsylvania Association of Notaries NC004732