IN THE DISTRICT COURT OF DEWEY COUNTY
STATE OF OKLAHOMA
Ford Motor Credit Company, LLC )
)
)
Plaintiff,
vs.
Larone T Siemsen,
Defendant.
PETITION FOR INDEBTEDNESS
COMES NOW Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against Defendant alleges and states as follows:
1. Defendant executed a contract with Plaintiff relating to the purchase of collateral with the account number XXXXXXXXXXXXXXXXX2420. Defendants defaulted on the obligations required under the contract. After all due credits were applied to the indebtedness owed by Defendant, there remained a balance due.
2. Defendant remains indebted to Plaintiff in the amount of $15,252.35, inclusive of credits, adjustments, interest, and fees, if applicable. An Affidavit of Account and/or contract is attached hereto and incorporated by reference.
WHEREFORE, Plaintiff prays for Judgment against Defendant in the sum of $15,252.35, with interest at the statutory rate from the date of judgment, all court costs and a reasonable attorney's fee, and for such other and further relief as this Court may deem equitable, just and proper.
William L. Nixon, Jr., #012804
David Mueller,#18783
Harley L. Homjak, #019736
Neil Cooley, #033080
Peggy S. Horinek, #010344
Tracy Cotts Reed, #013577
LOVE, BEAL & NIXON, P.C.
Attorney for Plaintiff
P.O. Box 32738
Oklahoma City, OK 73123
Telephone: 405/720-0565
Fax: 405/720-9570
E-Mail:
[email protected]
KANSAS VEHICLE RETAIL INSTALLMENT CONTRACT
Buyer (and Co-Buyer) Name and Address (including County and Zip): LARONNE TY SIEMSEN AND PAULA SUE SIEMSEN PO BOX 14 TALOGA OK 73867 DEWEY
SELENLCREDITOR (seller name and address): Burles Motor Company 501 W Kansas Ave Garden City, KS 67846
DATE: 7/17/2015
You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. The cash price is shown below as "Cash Price." The credit price is shown below as "Total Sales Price." By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract.
<table>
<tr>
<th>Make</th>
<th>Year</th>
<th>Model</th>
<th>Vehicle Identification Number</th>
<th>Use for Which Purchased</th>
</tr>
<tr>
<td>New</td>
<td>2015</td>
<td>FORD EXPLORER</td>
<td>1FMKGDEB3GA38295</td>
<td>N/A</td>
</tr>
</table>
<table>
<tr>
<th colspan="5">INFORMATION ON CREDIT ARRANGEMENT</th>
</tr>
<tr>
<th></th>
<th>Amount</th>
<th>Gross Allowance</th>
<th>Amount Owed</th>
</tr>
<tr>
<td>1. Cash Price</td>
<td>$38,073.73</td>
<td></td>
<td></td>
</tr>
<tr>
<td>2. Down Payment</td>
<td>$500.00</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Third Party Rebate Assigned to Creditor</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Cash Down Payment</td>
<td>$2,150.00</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Trade-in (description above)</td>
<td>$10,000.00</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Total Down Payment</td>
<td>$12,150.00</td>
<td></td>
<td></td>
</tr>
<tr>
<td>3. Unpaid Balance of Cash Price (1 minus 2)</td>
<td>$25,923.73</td>
<td></td>
<td></td>
</tr>
<tr>
<td>4. Amount paid on your behalf (Seller may be retaining a portion of these amounts) To Public Officials</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>(i) For title & registration</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>(a) for official fees $</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>(b) for taxes (not in Cash Price)</td>
<td>$1,000.00</td>
<td></td>
<td></td>
</tr>
<tr>
<td>To Insurance Companies for:</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Credit Life Insurance</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Credit Disability Insurance</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Credit Insurance</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>To <b>UNIVERSAL UNDERWRITER</b> for</td>
<td>N/A</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Total</td>
<td>$10,700.00</td>
<td></td>
<td></td>
</tr>
<tr>
<td>S. Amount Financed (3 plus 4)</td>
<td>$15,623.73</td>
<td></td>
<td></td>
</tr>
</table>
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total Amount of Payments</th>
<th>Total Sales Price</th>
</tr>
<tr>
<td>1.80%</td>
<td>2,885.37</td>
<td>$48,482.09</td>
<td>51,367.09</td>
<td>$53,536.09</td>
</tr>
</table>
<table>
<tr>
<th>Number of Payments</th>
<th colspan="2">Payment Amounts</th>
<th colspan="2">When Payments are Due</th>
</tr>
<tr>
<td></td>
<td>1st Payment</td>
<td>Total Amount Due</td>
<td>Vendy Date</td>
<td>End Date</td>
</tr>
<tr>
<td></td>
<td>$13,385.26</td>
<td>$1,112.66</td>
<td>JUN 21, 2015</td>
<td>JUN 21, 2021</td>
</tr>
</table>
Prepayment: If you pay off your debt early, you will not have to pay a penalty.
Security Interest: You are giving a security interest in the vehicle being purchased.
Late Payment: You must pay a late charge on the portion of each payment received more than 10 days past the due date. The charge is a percentage of the late amount. Contact the Coachman Auto Credit Company for details.
Default: This contract is subject to additional information on security interest, repossession, default, the right to require payment of your debt in full before the scheduled date, and prepayment penalty.
COMMERCIAL USE CONTRACT LATE PAYMENT: If you purchased the vehicle for commercial use, you must pay a late charge on the portion of each payment received more than 10 days late. The charge is 7.5% of the late amount or $50.00, whichever is less.
EXCESS WEAR AND USE AND MILEAGE CHARGES
If the box directly above is checked, this section, Paragraph B, and Paragraph C of this contract apply. You may be charged for excessive wear based upon our standards for normal use. If you exercise the option to sell the vehicle back to Creditor under Paragraph B, you must pay the Creditor $0 per mile for each mile in excess of miles driven on the odometer.
Anti-Theft Product (Optional)
This product provides an anti-theft device to enhance the anti-theft protection listed below. The purchase of anti-theft products is optional and not required to obtain credit even if the product(s) is/are already installed on the vehicle you selected. You may purchase anti-theft product(s) installed at the time of delivery by signing below; otherwise, it will be installed later at the price disclosed.
<table>
<tr>
<th>No.</th>
<th>Product Type</th>
<th>Term</th>
<th>Price</th>
<th>Amount</th>
</tr>
<tr>
<td>N/A</td>
<td>l</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
</table>
Buyer Signs:
Co-Buyer Signs:
YOU ARE REQUIRED TO INSURE THE VEHICLE. YOU MAY OBTAIN VEHICLE INSURANCE FROM A PERSON OF YOUR CHOICE.
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED.
NOTICE: You shall have the option of providing the required insurance through an existing policy of insurance owned or operated by you, or through a policy obtained and paid for by you. The Creditor may for reasonable cause decline the insurance provided by you.
CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM.
<table>
<tr>
<th>Credit Life</th>
<th>Insurance Company</th>
<th>$ N/A</th>
<th>Premium Insured(s)</th>
<th>You want Credit Life insurance.</th>
</tr>
</table>
<table>
<tr>
<th>Credit Disability</th>
<th>Insurance Company</th>
<th>$ N/A</th>
<th>Premium Insured(s)</th>
<th>You want Credit Disability Insurance.</th>
</tr>
</table>
OTHER OPTIONAL INSURANCE
Coverage and Premium and
Insurance Company Term in Months
GAP Insurance $95.00
By UNIVERSAL UNDERWRITER
By N/A
By
You want the optional insurance for which premiums are included above.
Credit Life and Credit Disability insurance are for the term of the contract. The amount payable in the event of the death or disability of the insured is determined in accordance with the agreement given to you today.
No Ded. Cancellation Waiver Addendum
If this box is checked you have purchased a debt cancellation waiver. Purchase of this coverage is optional and is not required to obtain credit. The premium and conditions of this coverage and warranty are set forth in the attached Addendum which is incorporated into this contract. The price for the debt cancellation waiver is included in the contract price. See Addendum and Enlargement for contract section 3.
I acknowledge that you have read and agreed to be bound by the Arbitration Provision on the reverse side of this contract.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CONTRACT.
The Annual Percentage Rate may be negotiated with the Seller. The Seller may assign this contract and may retain the right to receive a portion of the Finance Charge.
Messrs. Consumer
1. Do not sign this agreement before you read it. 2. You are entitled to a copy of this agreement. 3. You may prepay the unpaid balance at any time without penalty.
Buyer (and Co-Buyer) acknowledges that (i) before signing this contract, Buyer (and Co-Buyer) reviewed and reviewed a true and completely filled in copy of this contract and (ii) at the time of signing this contract, Buyer (and Co-Buyer) received a true and completely filled in copy of this contract.
Buyer X
Co-Buyer X
Paula Sue Siemsen
Buyer Signs:
Co-Buyer Signs:
Burt's Motor Company
Title: Fred Weise
THIS CONTRACT IS NOT VALID UNTIL YOU AND SELLER SIGN IT.
BUYER'S SIGNATURES SEE OTHER SIDE FOR ADDITIONAL AGREEMENTS
ADDITIONAL AGREEMENTS
A. Payment: You must make all payments in U.S. funds when they are due. The Consumer will make payments on any interval without penalty. This is a simple finance charge contract. The Annual Percentage Rate (APR) you agree to pay depends on the amount financed. The APR is based upon the amount financed and the scheduled payment term. If your payment plan includes a grace period, your payments will be applied first to the earned and unpaid part of the finance charge and then to principal. The Annual Percentage Rate (APR) is calculated by applying the Annual Percentage Rate to the unpaid Amount Financed for the actual time that the unpaid Amount Financed is outstanding.
B. Balloon Payment Contract: If your last installment payment under this contract includes a balloon payment, at any time during the contract, you may handle the last installment payment in one of three ways.
1. Extend your payments: you may extend your payments if you are in default under this contract. If the Creditor has advanced funds to cure any default, you must pay back all the Creditor before refinancing. You must extend your payment to equal the remaining principal balance. Creditors may charge a finance charge for refinancing. The Annual Percentage Rate (APR) for the refinancing will be the lower of the APR contained in the contract or the indicated APR permitted in the state where the vehicle is located. If no indicated APR exists in this contract, the term of the refinancing will be based on the amount refinanced, the rate, and the amount of the monthly payment. If you wish to refinance, you must return the vehicle to the Creditor. Except as otherwise provided in this section, the notice must be received no later than 30 days after the due date of the last installment payment.
Then, you may pay the vehicle to the Creditor for an amount equal to the last installment payment. The Creditor charges interest on any amount owed under this contract. Amounts you owe will be based, in part, on the vehicle's mileage. You also must pay the Creditor the estimated costs of all subsequent maintenance and repairs, if any, and a service charge as set forth below. You must take the vehicle to a place selected by the Creditor for inspection no later than 15 days prior to the last installment payment due date. Also, within 24 hours if you desire to see the vehicle that is to be sold, you must give the vehicle back to the Creditor when the last installment payment is due date. At that time, you must also give the Creditor a title, which shows no liens other than the Creditor lien, transferring ownership of the vehicle or vehicle to the Creditor. If the vehicle passes inspection, if you decide not to sell vehicle to the Creditor, you must immediately contact the Creditor and inform the Creditor whether you want to return the vehicle for repair and/or refund.
C. Damage Repairs: If your last installment payment under this contract is a balloon payment and you sell the vehicle back to the Creditor under Paragraph B above, you are responsible for repairs if the vehicle has not been the result of normal care and use. These repairs include, but are not limited to, these necessary items:
(a) repair any part not part of a matching set or four or any tire which was less than five years old when issued;
(b) repair or replace all dented, scraped, chipped, painted, scratched, burned, pinched, blown or missing trim and grill work; all cracked, creased, pitted or broken glass, all faulty window mechanisms; all bent or broken lamps, lights, turn signals, mirrors; replacements and all rust stains, burns or wood stains, and all oil stains, unless caused by accident or collision or comparable insurance whether or not guaranteed policy is actually in force.
If you do not make the repairs before inspection of the vehicle under Paragraph B, you will owe the estimated cost of such repairs, even if the repairs are not made prior to your sale of the vehicle to the Creditor if you disagree with the estimate, you may request the Creditor to provide receipts made at your expense prior to your sale of the vehicle to the Creditor.
D. Security Interest: You give the creditor a security interest in:
1. The vehicle, including its title or other title or papers put on the vehicle.
2. All money or goods received for the sale of the vehicle.
3. All insurance premiums and service contracts financed for you.
E. Use of Vehicle - Warranties: You must take care of the vehicle and obey all laws in using it. You may not sell or rent the vehicle, and you must keep a copy of this contracted until you receive a transmission of the vehicle outside of the United States, except for up to 30 days in Canada or Mexico, without the prior written consent of the Creditor. If the vehicle develops a mechanical or electrical defect, you must notify the Creditor or the vehicle's manufacturer, provide a written warranty or service contract covering the vehicle within 90 days from the date-of-delivery, whether or not the warranty or service contract is extended or renewed for a particular vehicle model. The Consumer states that the Creditor and you agree that there are no such implied warranties, except as otherwise provided by law.
F. Vehicle Insurance: You must insure the vehicle against loss or damage from collision, fire or theft. You must name Creditor as the loss payer under the insurance policy. The Creditor must approve the type and amount of insurance the consumer wishes to purchase if the vehicle is damaged or destroyed, you must pay the Creditor what is still owed.
You agree that the Creditor can make a claim under the insurance policy. CAUTION: If you fail to carry adequate coverage, the Creditor may recover the amount it pays for the damages directly from you. If you wish insurance protection, it is your responsibility to obtain the required coverage. Contact the Creditor if the vehicle is involved in an accident. If the vehicle is repaired, you must return the vehicle to the Creditor when the last installment payment is due.
- Creditor: If your insurance on the vehicle doesn't pay all you owe, you must pay what is still owed.
G. Returned Check Charge: The Consumer agrees to pay a returned check charge of $30.00 if any payment returned by a bank because of insufficient funds or other reason. Any remaining checks will be paid to you.
H. Returned Check Charge: You agree to pay a returned check charge of $30.00 if you fail to remit payment of any installment payment that is debited/cashed because you do not have sufficient funds in credit to pay the amount of the check, draft or other order of payment.
1. Default: You will be in default if:
a. You do not make a payment when it is due.
b. You provide inaccurate information.
c. You fail to respond to a Creditor notice.
d. Your vehicle is secured with stolen, unauthorized authority and is not (implied) and unconditionally surrendered or released.
e. You file a bankruptcy petition or one is filed against you or a family member.
f. You do not keep any other promise in this contract.
g. Your vehicle is involved in a commercial use. Creditors only lend their funds through a financial institution. Performance or realization of collateral is significantly impaired. Creditors have the right to terminate the contract if they suffer losses.
h. If you do not care the default when allowed by law, Creditor can exercise Creditor's rights under this contract and Creditor's other rights under the laws of your state.
2. Repossession: You do not cure the default where allowed by law, the Creditor may require you to pay all fees and unpaid Amount Financed. If the Creditor does not sell the vehicle, the Creditor may repossess and retain the vehicle. The proceeds from the sale of the vehicle, if any, will be applied to the unpaid amount owed plus all unpaid fees, expenses, interest, finance charges, and other amounts. If the proceeds are not enough to pay off the debt, the Creditor may seek the difference. The Creditor may also take goods stored in or on the vehicle when "repossessing" the vehicle.
K. Right to Retain Vehicle: If the vehicle is taken back, Creditor will send you a notice. The notice will say that you may redeem (buy back) the vehicle for the amount owed plus certain fees. You will have between 7 and 15 days to return the vehicle. You may redeem the vehicle if you pay the amount owed plus fees, expenses, interest, finance charges, and other amounts.
L. Collection Costs: Except as otherwise provided by law, you must pay the reasonable costs of enforcing/enforcing this contract. Such costs will include attorney fees and court costs, as well as a percentage of what is still owed to the Creditor. If you do not pay the amount when the Creditor sells, the Creditor may charge you interest at the highest lawful rate.
M. Collection Costs: Except as otherwise provided by law, you must pay the reasonable costs of enforcing/enforcing this contract. Such costs will include attorney fees and court costs, as well as a percentage of what is still owed to the Creditor. If you do not pay the amount when the Creditor sells, the Creditor may charge you interest at the highest lawful rate.
N. Consumer Reports: You authorize the Assignee listed on the front page or this contract to consumer credit reporting agencies to report information about this transaction and reports from consumer reporting agencies (credit bureaus). You are not required to authorize reports from consumer reporting agencies (credit bureaus). You may revoke your authorization at any time under the procedure described on page 8.
O. Assignment: You authorize the assignee listed on the front page or this contract to collect and enforce the contract on your behalf. By signing this contract, you authorize the assignee to assume any or all of your obligations hereunder. You acknowledge that the assignee may assign its rights and/or obligations hereunder.
P. Applicable Law: You agree that this contract will be governed by the law of the state indicated on the front page or this contract.
Q. General: This contract contains the entire agreement between Creditor and you relating to the sale and financing of the motor vehicle. If any other agreement regarding the sale and financing of the motor vehicle ever existed between Creditor and you, it is hereby replaced and Creditor reserves Creditor's rights even if Creditor has not enforced them. Creditor will exercise all of Creditor's rights in a timely fashion. It is also agreed and assigned that the assignee has assumed all of the obligations, assignments assigned to Creditor. Creditor's affiliates, agents and service providers may call, send messages, emails, automatic telephone answering systems, visit or otherwise contact you at the number you provide, now or in the future, including a number for a cellular phone or other wireless device, regardless of whether you incur charges for a call using will continue to exist unless you notify us in writing.
R. Governing Law: This contract is subject to all claims and defenses which the Debtor could assert against any claimant or party seeking to enforce this contract. This contract is entered into pursuant hereto or with the proceeds hereunder by the Debtor shall not exceed amounts paid by the Debtor hereunder.
* Used Motor Vehicle Buyer's Guide: If you are buying a used motor vehicle, the Federal Trade Commission regulations may require a special Buyers Guide to be displayed in the window of the vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM IS PART OF THIS CONTRACT. THE WINDOW FORM OVERIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.
Guía para compradores de vehículos usados. LA INFORMACIÓN QUE APARECE EN LA VITRINA DE ESTE VEHÍCULO FORMA PARTE DE ESTE CONTRATO. LA INFORMACIÓN CONTENIDA EN EL ANEXO DE LA GUIA PARACOMPRADORES DE CALECHAS PREVIENE QUE ESTABLEZA AL CONTRARIO Y QUE APEAREZCA EN EL CONTRATO DE VENTA.
Does not apply if purchased for commercial or agricultural use. As required by N.J.S.A. 17:60-1.8, the Seller or manufacturer shall not undertake to defend or indemnify any subsequent holder of this Contract or subsequent assignee if such holder or assignee brings any action arising out of the sale of this vehicle.
READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY.
ARBITRATION
Arbitration is a method of resolving any claims, disputes, or controversies (hereinafter, a "Claim") without filing a lawsuit ("suit"). You, or Creditor ("we" or "us"), or "either party" may choose at any time, including after a lawsuit is filed, to have any Claim related to this contract decided by arbitration. However, you cannot compel either party to arbitrate in a class action or a collective action. In addition, the following provisions limit our ability to obtain a jury trial or judge trial in a lawsuit:
1. Claims that you or we may bring against the other party in a court of law or in arbitration concerning claims covered by this provision.
2. Claims brought by either party against the other party over a breach of a warranty or an alleged violation of federal or state law.
3. Claims brought by either party over a breach of a warranty or an alleged violation of federal or state law.
4. Claims brought by either party over a breach of a warranty or an alleged violation of federal or state law.
RIGHTS YOU AND WE AGREE TO GIVE UP IF YOU OR WE DECIDE TO SUBMIT A CLAIM, THEN YOU AND WE AGREE TO WAIVE THE FOLLOWING RIGHTS, INCLUDING THIS ARBITRATION PROVISION, AS TO ANY CLAIM: 1) RIGHT TO A TRIAL BY JUDGE OR JURY; 2) RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY BRING AGAINST US IN A COURT OF LAW OR IN ARBITRATION; 3) RIGHT TO DISCOVERY AS AVAILABLE IN A LAWSUIT; 4) RIGHT TO CONTINUE TO GO TO COURT IF WE REFUSE TO ARBITRATE; 5) OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT.
This contract is subject to the American Arbitration Association, Case Filing Services, 1101 Lawrence Ave, Suite 1302, Westchester, NY 10604 [www.adr.org], or any other organization subject to approval, in conduct the arbitration. The application rates the "Rules" may be obtained from the selected organization. There is a $250.00 filing fee and a ruleicn fee, which is $100.00. The rules of the organization selected for arbitration are (9 U.S.C. § 1 et seq.). The arbitration decision should be in writing with a supporting opinion. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we are each entitled to pay your own attorney's fees. Arbitration service or case management fee and your arbitrator's hearing is conducted "filed fees" for a period of up to 1500 each. Each party is liable for its own costs incurred. Any process or other notices by the arbitrator under applicable law. We will pay the whole filing fees if we demand arbitration. Any portion of this arbitration provision that is 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 valid and enforceable. This waiver and other provision of the arbitration provision, the validity and scope of the waiver of class action rights shall be decided by the court and not by the arbitrator.
SEE OTHER SIDE FOR ADDITIONAL AGREEMENTS
