NCB MANAGEMENT SERVICES, INC. Assignee of Tommy Nix Auto Group, LLC v. JOYCE CARR MICHAEL CROSSNO

IN THE DISTRICT COURT OF CHEROKEE COUNTY STATE OF OKLAHOMA NCB MANAGEMENT SERVICES, INC. ) Assignee of Tommy Nix Auto Group, LLC ) ) Plaintiff, vs. JOYCE CARR ) MICHAEL CROSSNO ) Defendant. PETITION ON DEFICIENCY COMES NOW Plaintiff, NCB MANAGEMENT SERVICES, INC. Assignee of Tommy Nix Auto Group, LLC, by and through its Attorneys, Berman & Rabin, P.A., and for its cause of action against Defendant, JOYCE CARR MICHAEL CROSSNO("Defendant"), states as follows: 1. NCB MANAGEMENT SERVICES, INC. Assignee of Tommy Nix Auto Group, LLC is a legal entity organized pursuant to the law. 2. JOYCE CARR MICHAEL CROSSNO is believed to reside in the County of CHEROKEE. 3. JOYCE CARR MICHAEL CROSSNO executed and delivered to NCB MANAGEMENT SERVICES, INC. Assignee of Tommy Nix Auto Group, LLC 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 Tommy Nix Auto Group, LLC 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 Tommy Nix Auto Group, LLC 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 JOYCE CARR MICHAEL CROSSNO has failed to pay NCB MANAGEMENT SERVICES, INC. Assignee of Tommy Nix Auto Group, LLC, the balance due in the amount of $16,092.43. Plaintiff's affidavit of account is attached hereto marked as "Exhibit D". WHEREFORE, Plaintiff, NCB MANAGEMENT SERVICES, INC. Assignee of Tommy Nix Auto Group, LLC, prays for judgment against Defendant, JOYCE CARR MICHAEL CROSSNO, for the sum of $16,092.43, 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 830937-21 RETAIL INSTALLMENT SALE CONTRACT SAMPLE FINANCE CHARGE Buyer Name and Address (including County and Zip Code) JOYCE CARR Email: [email protected] Cell: N/A Car: CONSUMER FINANCING TERMS: You, the Buyer (and Co-Buyer, if any), may buy the vehicle below by cash or on credit. By signing this contract, you agree to buy the vehicle on credit and to pay the total of the Amount Financed and the 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. New/Used 2015 CHEVROLET 1500 DBLE CAB LT, 77535 Vehicle Identification Number: 1GCVKRE6JZ23101674 <table> <tr> <th>ANNUAL PERCENTAGE RATE*</th> <th colspan="2">FINANCE CHARGE</th> <th colspan="2">Amount</th> <th colspan="2">Total of Payments</th> <th colspan="2">Total Sale Price</th> </tr> <tr> <td></td> <td>The cost of credit per year (a yearly rate).</td> <td>The dollar amount the credit provider charges you.</td> <td>Will be paid after</td> <td>will have paid after</td> <td>you will have paid all</td> <td>Scheduled</td> <td>You received your</td> <td></td> </tr> <tr> <td>19.95%</td> <td>24,112.00</td> <td>22,794.00</td> <td>Will be paid after you receive your title.</td> <td>Will be paid after you receive your title.</td> <td></td> <td>Will be paid all payments as scheduled.</td> <td></td> <td>8,334.00 85.00</td> </tr> </table> Your Payment Schedule Will Be: <table> <tr> <th>Payment</th> <th>Amount</th> </tr> <tr> <td>72</td> <td>789.39</td> </tr> </table> MONTHLY <table> <tr> <th>Payment Due Date</th> <th>Amount Paid</th> <th>Balance Due</th> <th>Status</th> </tr> <tr> <td>12/29/2023</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Late Charge: If payment is not received in full within 10 days after it is due, you will pay a late charge of $20.00... or ...% of the part of the payment that is late, whichever is greater. Penalty Interest Rate: If you pay daily, you will not have to pay a penalty interest rate. Penalty Interest Rate: If you fail to give the security interest in your vehicle to us, or violate any term of this contract, the remaining unpaid balance plus all other amounts owed may become due immediately without notice to you. TERMINATION OF AMOUNT FINANCED <table> <tr> <th># Cash Price (Mounds)</th> <th># Downpayment</th> <th># Trade-In</th> <th># Rebate</th> <th># Contract Total</th> </tr> <tr> <td>Mounds</td> <td>Trade-In</td> <td>Rebate</td> <td>Total</td> <td>22,525.00</td> </tr> </table> <table> <tr> <th>Item</th> <th>Amount</th> </tr> <tr> <td>Cash Price (Mounds)</td> <td>22,525.00</td> </tr> <tr> <td>Downpayment</td> <td>(trade-in) 1,900.00</td> </tr> <tr> <td>Trade-In</td> <td>0.00</td> </tr> <tr> <td>Rebate</td> <td>0.00</td> </tr> <tr> <td>Other Charges</td> <td>0.00</td> </tr> </table> TOTAL AMOUNT FINANCED: $20,625.00 Other Charges Including Amount Paid To Others On Your Behalf: <table> <tr> <th># Compulsory Health Insurance Paid to Insurance Company or Companies</th> <th># Optional Health Insurance Paid to Insurance Company</th> <th># State Consumer Protection Insurance</th> <th># Government Fees/Title Fees</th> <th># Other Charges</th> <th># Total</th> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>20,625.00</td> </tr> </table> ADVANCE FEES TO OTHERS <table> <tr> <th># Commission Paid To Salesperson</th> <th># Commission Paid To Broker/Dealer</th> <th># Commission Paid To Insurance Agent/Person</th> <th># Commission Paid To Appraisal Agency</th> <th># Commission Paid To Government Agency</th> <th># Other Fees</th> <th># Total</th> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> AVAILABILITY OF CREDIT <table> <tr> <th>Issuing Bank</th> <th>Type of Credit Card</th> <th>Account Number</th> <th>Expiration Date</th> <th>Cardholder Name</th> <th>Cardholder Signature</th> </tr> <tr> <td>TOMMY NIX AUTO GROUP LLC</td> <td>MASTERCARD</td> <td>3241 081 3242 6109</td> <td>02/26</td> <td>MICHAEL CROSSNO</td> <td></td> </tr> </table> OPTIONAL GAP CONTRACT: The optional gap contract will be sent to you separately if selected. See the optional gap contract for details. This option is not available in some states. This option is not available in Montana, North Dakota, Wyoming, South Dakota, New Hampshire, Vermont, Ohio, Indiana, Georgia, Texas, Alaska, or Hawaii. NOTE: THIS CONTRACT CAN BE CHANGED. THIS CONTRACT CONTAINS ONLY THE CONTENT AGREED UPON BY YOU AND US RELATING TO THIS CONTRACT. ANY CHANGE TO THIS CONTRACT MUST BE IN WRITING AND YOU MUST SIGN IT. NO ORAL CHANGES WILL BE BINDING. YOU ARE ADVISED TO READ THIS AGREEMENT AND ALL ADDENDA CAREFULLY BEFORE SIGNING. IF YOU DON'T AGREE TO ANY PART OF THIS AGREEMENT, DO NOT SIGN THIS CONTRACT. NOTICE TO BUYER: Be sure to read all of the terms and conditions of this credit contract. If you do not understand these terms, please ask us to explain them to you before you sign. Failure to do so may affect your legal rights. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of this 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 confirm that you received a completely filled-in copy when you signed it. Buyer Signature: JOYCE CARR Co-Buyer Signature: MICHAEL CROSSNO Date: 12/14/2022 TOMMY NIX AUTO GROUP LLC MICHAEL CROSSNO 12/14/2022 ORIGINAL LENDERHOLDER OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGES AND PAYMENTS: a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis using the Annual Percentage Rate applicable and the total of Amount Financed. b. How we will apply payments. We may apply each payment to the unpaid and unpaid part of the Finance Charge or to the unpaid and unpaid part of the principal and to other amounts you owe under this contract in any order we choose. c. How late payments or early payments change what you must pay. We based our Finance Charge, Total of Payments, and Total Price (before interest) on the assumption that you will make every payment on the day it is due. Your Finance Charge, "Total of Payments," and "Total Price" will be correct if you do not make any payments late or early. Changes may take the form of a larger or smaller final payment than the one shown here, because either payments made earlier than scheduled reduce the amount of principal that payment when due without prejudice. The terms of this contract specify whether any time without penalty. If you do so, you must pay the remaining balance along with the Finance Charge and all other amounts due up to the date of your last payment. d. 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 payments. If you are buying the vehicle primarily for personal, family or business use and have the right to refinance the balloon payment when due without prejudice. The terms of this contract state that this option does not apply if the scheduled payment schedule is not consistent with your sexual income. 2. YOUR OTHER PROMISES TO US a. You agree to keep the vehicle undamaged, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. You agree to deliver the vehicle to us, at our expense, from the U.S. or Canada, or to us, rent, lease, or transfer ownership to the buyer of this contract without written permission. You agree not to sell, lease, or transfer the vehicle, you agree to return the vehicle to us or the vehicle or to repurchase the vehicle at any time, term, or charges will be imposed on the vehicle, you agree to repay the amount which we ask for a. Security Interest. c. You agree to pay security interest in: - All money or goods received (pledged) for this vehicle, - All documents of title, service lists, or other contracts we finance for you; and - All insurance, maintenance, service, or other contracts we finance for you. This includes any amounts of promiscuity or charges from the contracts. d. You agree not to revoke any contracts or agreements under this contract before the initial payment is made unless the contract has been signed. You also agree not to assign your security interest (lien) in the vehicle to another party without written permission. This agreement is placed on the title without your written permission. e. You agree to have physical possession of the vehicle less a lien (lien) to the vehicle for the term of this contract. This instrument also serves as a certificate of title and registration. You agree to name us as your insurance policy as long as you own, or have this insurance, or we choose, buy physical damage insurance for you and the vehicle. If we provide insurance, we may either buy insurance that covers your interests, but not ours, or may buy insurance that covers only our interests. If we do neither, or both, we will tell you which type and the charge you must pay. The annual percentage rate and the annual finance charge are computed at the Annual Percentage Rate shown on the first page of this contract. If the vehicle is lost or damaged, you AGREE TO ENTER AN INSTANT SETTLEMENT to reduce what you owe or replace the vehicle. f. Your failure to purchase insurance, maintenance, service, or other contract charges, fuel, or other charges, or insurance, maintenance, service, or power contract charges, you again that we may maintain the refund from what you owed. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each payment that is not paid on the due day. Anticipation of late payments does not excuse your breach, nor does that you may keep making late payments. b. You may have to pay all you owe at once. If you break your promises (violations), we may demand that you pay all you owe in full. This means: - You do not pay any payment on time; - You fail to file a proceeding in bankruptcy or one is started against you; or - You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the unpaid part of the unpaid part of the finance Charge, any sale charges, and any amounts due because you defaulted. 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 HEREBYDEN BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREBYDEN. The preceding COVIA 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. c. You may have to pay collection costs. If we hire an attorney who is not our retained employee to collect what you owe, you will pay the attorney's fee and any court costs. The maximum attorney's fee you will pay will be 75% of the amount you owe, without a court award an additional amount. d. We may take your vehicle from you after default. We may take (repository) and vehicle from you if you are peaceful and is the law allows it if your vehicle has an electronic tracking device. We may use the electronic tracking device to find the vehicle. If we take the vehicle, they access equipment, and replacement parts will stay with the vehicle until payment is made for them. They may store them for you; if you do not ask for these items, buy them and return them to them as they allow. If we can get the vehicle, you may pay to get it back (repossession). When the repossession or garnishment ends when we sell the vehicle. e. We may take the vehicle if you do not get it back. If you do not receive the vehicle within 90 days, we will send you a written notice of sale before selling the vehicle. You may lose some or all of your equity, fair market value, or property rights to the vehicle. Allowed expenses we pay as a direct result of taking the vehicle, include its fair market value, storage, shipping, auction, and court costs. If the law permits, are also allowed expenses. 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, we may pursue you for the balance. Under the law described otherwise, if you do not pay this amount within a short period, we may charge you interest at a rate not exceeding the highest allowed by law. f. What we may do about optional insurance. We include the cost of optional insurance, maintenance, and service in the monthly payment required. This contract may contain charges for options (increases) in the price of service, or other minimums we may demand that you pay all on the vehicle. You will receive an insurance policy from us and we may claim benefits under these contracts and refuse to obtain refunds of unearned charges to reduce what you owe. However, if we contest, challenged, or edition, we may obtain contracts and refund them to obtain refunds of unearned charges to reduce what you owe. 4. WARRANTIES AND/OR CLAIMS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the seller may not make any warranty or service claims for the vehicle, and there will be no implied warranties of merchantability or fitness for a particular purpose. This provision does not affect your warranty covering the vehicle that the vehicle manufacturer may provide. 5. USED CAR BUYER'S GUIDE. The information you see on the window form for this vehicle is part of this contract. The information on the window form overrides any contrary provisions in the contract of sale. 6. USED VEHICLE FORMULARIO DE VENTANA. La Informacion Que Aparece En El Formulario De Ventana Para Este Vehiculo Forma Parte Del Presente Contrato. El Formular.io De Ventana Da Prioridad A Los Acuerdos Contratiles Al Comprador De Vehículos. 7. SERVICING AND COLLECTION CONTACTS By agreement of our intention to credit to you, you agree to provide us your valid information for our servicing and collection purposes. You agree that we may use this information to contact you by email, fax, voice mail, postage-paid pre-addressed voice message, text messages, and automatic telephone calling systems, as the law allows. You also agree that we may record, review, and use information collected by the telephone number you provide us, even if the telephone number is not the phone number of the contact request a charge to you. You agree to allow our designated service providers to contact you as agreed above. We will endeavor, within a reasonable time, notify you of any change in your contact information. 8. APPLICABLE LAW Federal law and the law of the state of Oklahoma apply to this contract. 9. NEGATIVE CREDIT REPORT NOTICE We will furnish information about your account to credit bureaus. Late payments, missed payments, and other defaults on your account may be reflected in your credit report. ABOUT YOUR ACCOUNT Date of Notice: 09/18/2023 Contract ("Agreement") Date: 11/14/2022 "Vehicle" Year/Make/Model: 2019 CHEVROLET 1500 Vehicle Identification Number: KGCVKREH6JZ3D070 Account Number: [redacted] QUESTIONS? 800-321-9637 Hours (Central Standard Time) www.exeterfinance.com 8AM-7PM Monday-Friday 8AM-5PM Saturday Notice of Our Plan to Sell Property Dear JOYCE CARR; MICHAEL CROSSNO, We have your Vehicle because you broke promises in our Agreement. We will sell the vehicle at a private sale sometime after 09/30/2023. A sale could include a lease or license. The money that 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 vehicle 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 800-321-9637. 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 800-321-9637 or write us at the above address and request a written explanation. If you need more information about the sale call us at 800-321-9637 or write us at the address above. We are sending this notice to the following other people who have interest in the Vehicle, or who owe money under your Agreement: None Sincerely, Exeter Finance LLC Please see next page for important bankruptcy information. This communication is an attempt by Exeter Finance LLC to collect a debt, and any information received in response to this communication will be used for that purpose. We may 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. NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524) the following applies to you. THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM IN VIOLATION OF THE BANKRUPTCY CODE AND IS FOR INFORMATIONAL PURPOSES ONLY. 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. Exeter Finance LLC 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 800-321-9637 if you have questions about your rights under SCRA. Sent Via First-Class Mail November 28, 2023 JOYCE CARR MICHAEL CROSSNO EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY ACCOUNT NUMBER: Description of Collateral: Year: 2018 Model: 1500 Make: CHEVROLE VIN: 1GCVKREB6JZ301078 Contract Date: 11/14/2022 Dear JOYCE CARR, MICHAEL CROSSNO: This is formal notice that the above-referenced collateral was sold on 11/21/2023. The proceeds of the sale have been applied as detailed below as of 11/22/2023. If the application of the proceeds of the sale resulted in a surplus, we will return that amount to you unless we have to pay someone else with an interest in the collateral. If the application of the proceeds of the sale resulted in a deficiency, you remain liable to us for this deficiency and must pay this amount in full upon receipt of this notice. Contract Balance as of 11/21/2023: $32,344.49 Less credit for unearned finance charges as of 11/22/2023: - $0.00 Plus Late Fees: + $118.41 Subtotal: = $32,462.90 Proceeds of Sale: - $13,500.00 Outstanding Balance Following Sale: - $18,962.90 Plus Other Charges Repossession Expense: + $1,480.84 Storage Expense: + $0.00 Sale Expense: + $304.00 Legal Fees: + $0.00 Other Expense: + $160.00 Subtotal: = $1,944.84 Less credit for cancelled insurance premiums as of 11/22/2023: - $0.00 Less other credit: - $0.00 Less other credit: - $0.00 Deficiency Balance as of 11/22/2023: = $20,907.74 (The checked box applies to you.) ☒ Deficiency balance for which you are liable and for which demand is hereby made: $20,907.74 SEE IMPORTANT CONSUMER NOTICES AT END OF LETTER ☐ No deficiency balance is owed because the debt was discharged in bankruptcy. Future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency. Please write us at PO BOX 166008, Irving, TX 75016 or call us at 800-321-9637. Mon - Fri 8AM • 7PM, or Sat 8AM - 5PM (Central Time) if you have any questions regarding this notice. Sincerely, Exeter Finance LLC PO BOX 166008 Irving, TX 75016 800-321-9637 This is an attempt to collect a debt and any information obtained will be used for that purpose. 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. Exeter Finance LLC 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. Exeter Finance LLC 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 800-321-9637 if you have questions about your rights under SCRA. Products and company names mentioned herein may be the trademarks of their respective owners. NCB MANAGEMENT SERVICES, INC. Plaintiff, vs. JOYCE CARR MICHAEL CROSSNO 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 6/9/25 My name is Colleen Mays 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 $16,092.43 as of June 4, 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: Colleen Hays Name: Colleen Hays Title: Media Specialist Subscribed and Sworn before me on June 9, 2025 Adeline Lucas Notary Public My Commission expires: 7/29/25 Commonwealth of Pennsylvania - Notary Seal Adeline Lucas, Notary Public Bucks County My commission expires July 29, 2025 Commission number 1217249 Member, Pennsylvania Association of Notaries NC002930