Preview
FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022
CONSUMER CREDIT TRANSACTION
Date Purchased:
SUPREME COURT OF THE STATE OF NEW YORK Index N9
COUNTY OF CORTLAND X
Credit Acceptance Corporation SUMMONS
Plaintiff, Plaintiffs Address:
-against- 25505 West Twelve Mile Suite
Rd.,
3000
Yvonne Fox and Anna M Fox Southfield MI 48034
Defendant(s).
The Basis of Venue is:
CPLR SEC. 503(a)
X
Defendant(s) Address:
DEF1- 2065 E FREETOWN TEXAS VAL MARATHON NY 13803-2721
RD,
DEF2- 207 PAINTER HILL OXFORD NY 13830
RD,
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your
answer on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of
service, or within 30 days after service is complete if thissummons is not personally delivered to you within the
State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose.
Dated: June 28, 2022
Matter # 461627
¡ vri e Kollis Stephanie R. Vetch
¡ Aksana Bondartseva ¡ Joseph J. Cassotta
¡ Scott Morris ¡ Anthony Poulin
¡ Stephen Einstein ¡ Joseph G.Devine
¡ ¡
Tromberg, Morris & Poulin, PLLC
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
2022322o28
EF22-292
07/12/2022 01:38:41PM
Pages 29
z be h La kCou Cerk
S_S_SUP-SUM
1 of 29
FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX M:
COUNTY OF CORTLAND
Credit Acceptance Corporation
Plaintiff,
-against-
COMPLAINT
Yvonne Fox and Anna M Fox
Defendant(s).
Plaintiff, by itsundersigned attorneys, complaining of the Defendant(s), respectfully alleges that:
1. The Plaintiff is an active foreign entity authorized to transact business in the State of New
York. Upon information and belief, at all times hereinafter mentioned, Defendant(s) resides in
the city in which this action is brought, or transacted business in person or through an agent
within the city in which this action is brought and the instant cause of action arose out of said
transaction.
2. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein
has not expired.
3. That the Defendant(s) entered into non-revolving credit contract (hereinafter, "Agreement")
with a loan number that ends with the number XXXX4152 by Plaintiff for purchase of an
automobile on 08/04/2020. A copy of the Agreement is attached hereto.
4. That the Plaintiff has fully complied with allthe terms and conditions of said Agreement. That
the Defendant(s) breached said Agreement by failing to make one or more payments when due.
5. That on 06/17/2021 Plaintiff repossessed the collateral of the Contract.
6. That on 09/17/2021 Plaintiff sold the collateral at a commercial sale/auction to the highest
bidder, following notice to the Defendant(s).
7. Upon information and belief the date of last payment on this account was 09/11/2020 in the
amount of $87.50.
8. That the Defendant(s) is in default of said Agreement, and there is currently due and owing
the balance of $8,570.85, which has not been paid despite due demand. A complete transaction
history itemizing any (i) principal; (ii)finance charge or charges; (iii)fees imposed by the original
creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges;
less post-sale credits or payments made by or on behalf of the Defendant, is attached hereto.
WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of
$8,570.85 with interest from 2/18/2022 together with the costs and disbursements of this action.
CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC
Deponent certifies that, to the best of their knowledge, information and belief, formed after an
inquiry reasonable under the circumstances, the presentation of the paper or the contentions
therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and
S_S_COM-DEF
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FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022
an initiating pleading, the matter was not obtained through illegal conduct, and the matter was
not obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 28th day of June, 2022
E -dike Kollis Stephanie R. Vetch
¡ Aksana Bondartseva ¡ Joseph J.Cassotta
¡ Scott Morris ¡ Anthony Poulin
¡ Stephen Einstein ¡ Joseph G. Devine
¡ ¡
Matter # 461627
S_S_COM-DEF
3 of 29
FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022
EXHIBITS
(Agreement/Contract)
(Transaction History)
S_S_COM-DEF
4 of 29
FILED: CORTLAND COUNTY CLERKCopy of Electronic
07/12/2022 Original
01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 Not required to mail or fax thiS Copy to Credit Acceptance
RECEIVED NYSCEF: 07/12/2022
RETAIL INSTALMENT CONTRACT
ACCOUNT # 4 152
LOT # DGZ
Buyer Name and Address Buyer Name and Address Creditor-SellerName and Address
YVONNE FOX ANNA M FOX RIVERBANK AUTO SALES INC
2065 E FREETOWN TEXAS VALLEY 2065 E FREETOWN TEXAS VALLEY RD 15 S WEST STREET
RD NY 13803 HOMER, NY 13077
MARATHON,
MARATHON, NY 13803
"You" Žour" "We"
and mean each B above, and
jointly several . "Us",
and mean Creditor-Seller
and assi
Creditor-Seller's nee. You m buy the Vehide
describedbelow for cashor cred The cash nce Is shownon age 2 as1he"Cash Price".
The credit
priceis shown belowas "T I Sale
Price". ou haveagreed
from
to buy the Vehicle Us on creditfor theotal SalePrice.
You acknowledge delive and acceptance of the Vehicle
in good condition
and repair.
You promise
to pay Us aH amountsdue under ihis Retail
InstalmentCon1ract("Contract'),
induding e TotalSalePrice,in accordancewith the paymentscheduleshown in the
Truth in Landin Disdosures below.You also agree to the terms
and conditionsbelow (indudingthe Truthin LendingDisdosures) and on theadditional
pages
of this Contract.
ou agree to payUs a credit
servicechargeat the Annual
Pe cen1age Rate shownbelow. The Annua1PercentageRate may be negotiable
with Us.
Year and Make Model and Body Style Color VehicleIdentification
Number Odometer Reading
Used 2014 Dodge Journey GRAY 3C4PDCBB1ET173779 81, 8 92
TRUTH IN LENDING DISCLOSURES
Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed Payments The totalcostof Your
RATE The dollaramount The amount of credit The amount You will purchase on credit,
The cost of Your the will
credit cost rovided to Youor on have paid after
You includingYour
You. ourbehalf. have made all payments down payment of
creditas a yearly
as scheduled· 2, 000.00
g is
22 . 99 % $ 10 , 04 9 . 28
044.12 093 . 4O $ 2 5 , 0 93. 4O
$ 13, $ 23,
Payment Schedule: Your payment schedule willbe:
No. of Payments Amount of Payments When Payments Are Due
5
S
66 $ 3 4 9 . 90 Monthly beginning September 04, 2020
3EEFREEEETESI9tS ORIGINAL
Additional Information: Please read thisthis Contractfor any additionalinformation about nonpayment, default,any required repayment
in full
before thescheduled date, and prepayment refundsand penalties.
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS
NOT INCLUDED.
PROPERTY INSURANCE: You must Insurethe Vehicle securing thisContract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH
ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , asmore fullydescribed on page 3.
ARBITRATION: This Contract contains an Arbitration Clause that states You and We ma electto resolve an dispute by arbitration
and not b court action. See the Arbitration Clause on Pa e 5 of thisContract forthe 11terms and condi ions ofthe Arbitration
Clause. y initialingbelow, you confirm that you have read, understand and agree to he terms and conditions in the Arbitration
""
Clause.
Buyer Initials: Buyer Initials:
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE ISPART OF THIS CONTRACT.
INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.
Gufa para compradores de vehiculos usados. La información que ve en el formulariode la ventanilla
para este vehiculo forma partedel presente
contrato.La información del formulario de la ventanilla
deja sin efectotoda disposición en contrario contenida en el contratode venta.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY
REFERENCE.
Buyer's Initials
NEWYORK CREDTFACCEPTANCECORPORATION(11-16)
© 2012 - 2016 CreditAcceptance Corporation. I Buyer's Initials dWF
AIIRights Reserved. PAGE 1 of5
5 Isof 29 to Credit Acceptance Corporation.
The original retail Installrnent contract
assigned
This copy was created on 08/D4/2020
FILED: CORTLAND COUNTY CLERKCopy of Electronic
07/12/2022 Original
01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance
RECEIVED NYSCEF: 07/12/2022
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price accessoriesand impmvements to the 11, 995 . 00
.........................................................................................
$
(including Vehicle) (1)
2. Sales 1, 0 97 . 12
Tax........................................................................................................................................................................................
$ (2)
3. Down-Payment Calculation: Cash Down Payment 2, 000. 00
.........................................................$
(A)
Deferred Down Payment .......................................................9
N/A(g)
Trade-In Description: Gmss Trade-In..............$ N/A (C)
Make: N/A
Model: N/A Payoff Made N/A
by Seller...$ (D)
"0" N/A
Net Trade-In(If negative
number, Insert In IIne 3(E)
and itemize in 5(E)
difference below)(C-D) ... $ (E)
Trade-In Description: Gmss Trade-In..............$ N/A
(F)
Make: N/A
Model: N/A Payoff N/A
Made by Seller...$ (G)
"O" N/A
Net Trade-In(If negative
number, Insert in line 3(H)
and itemize in 5(J)
difference below)(F-G) ... $ (H)
N/A
Other: Manufacturers Rebate .........................................................................................................
$ (g)
TotalDown Payment + B + E + H + I)
..........................................(A
$ 2, 00 0 . 0 0 (3)
4. Unpaid Balance of Cash Price(1+ 2 less O 92 . 12
3) ................................................................................................................................
$ 11, (4)
5. Other Charges IncludingAmounts Paid toOthers on Your Behalf:
*(NOTICE: A portionof thesecharges may be paidto or retained
by Us.)
A. of Physical N/A
.....................................
*Cost Required Damage Insurance Paid toInsurance Company $
B. *Cost of Optional
Extended or ServiceContract Pald to the named below.........
$ 1, 7 19 . 00
Warranty Company (s)
C. of Fees for or N/A
Cost Paid to PublicOfficials Perfecting,
Releasing a
Satisfying SecurityInterest..........$ (C)
D. Cost of Fees Paidto Public for
Officials of Title,
Certificate Licenseand Registration .......................
$ 137 . 00
(D)
Other Charges (Sellermust who
identify willreceivepayment and describe purpose)
E. to N/A forlienor leasepayoff N/A
.................................................$
(E)
p. "to seller for DEALER PROCESSING FEE 75 . 00
(p)
G. *to New York State for EMISSION TEST FEE $ 21. 0O
(G)
H. *to N/A for N/A $ N/ A (H)
I. *to N/A for N/A N/A
$ ([)
J. to N/A forllenor leasepayoff N/A
.................................................
$
Totalof OtherCharges and Amounts Paid to Otherson Your $ 1, 952 . 00
Behalf...........................................................................................
(5)
6. Less Prepaid Finance Charge N/A
.......................................................................................................................................................
$ (s)
7. Amount Financed - Unpaid Balance (4 + 5 less 13 , O4 4 . 12
6).....................................................................................................................
$ (7)
extended warranty or service contract covering the repairofcertain major mechanical breakdowns of theVehicle and related expenses. Refer
to theoptional extended warranty or servicecontract tordetailsabout coverage and duration.
719 . 00 Term:2 4 Mo s . \ 24000 Mile s '
Price $ 1, Company:Wynn s Extended Care, Inc.
$="ae Fa$ ..,--._J 08/04/2020 ---sirS.. 08 /04 /2020
............._1
Buyer's Signature Date Buyer's Signature Date
NOTICE TO BUYER: 't.Do not sign this agreement before you read itor ifItcontains any blank space. 2. You are entitled
to a completely filled in of this agreement. 3. Under the law, you have the right to pay off in advance the full amount
copy
due and under certain conditions to obtain a partial refund of the credit service charge. 4.According to law you have the
privilege of purchasing the insurance on the motor vehicle provided for In this contract from an agent or broker of your
own selection.
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with allblanks filled
in and that You have read itand understand it
RETAIL INSTALMENT CONTRACT
Buyers Signature:x . ,.- . Buyers Signature:x
Seller.RIVERBANK AUTO SALES INC Title: AGENT
By
This ContractIs signed Seller 4 th of Augus t 2020
by the and Buyer(s) hereto this day
NEWYORKCREDITACCEPTANCECORPORATION(11-16)
© 20'12 - 2016CreditAcceptance Corporation.
AllRights Reserved. PAGE 2 of5
6 isof 29 to Credit Acceptance Corporation.
The original retall Installrnent contract
assigned
This copy was created on 08/04/2020
FILED: CORTLAND COUNTY CLERKCopy of Electronic
07/12/2022 Original
01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance
RECEIVED NYSCEF: 07/12/2022
ADDITIONAL TERMS AND CONDITIONS
Security Interest. You give Us a security interestin:1).The Vehicle and allparts or goods installedin 2).
it; Allmoney or goods received
(proceeas) forthe Vehicle; 3).Allinsurance, maintenance, service orother contracts We finance for You; and 4).Allproceeds from insurance,
maintenance, service or other contractsWe finance for You (thisincludes any refunds of premiums). This secures payment ofallYou owe on this
Contract and in any transfer,
renewal, extension or assignment of this
Contracf. It also
secures Your otheragreements in this
Contract.You agree to
have the certiñcateof title
show our securityinterest(lien)in the
Vehicle.
I..ateCharge. You promise to make allpayments when due. If Youfailto make a payment when it is due,
You agree topay Us a latecharge as
stated on Page 1 ofthisContract. You agree thatWe do notwaive any ofour rights byaccepting one or more latepayments from You.
Bad Check Charge. You agree topay Us a bad check charge of$20.00 (orsuch other amount permitted by applicablelaw) forany check or like
instrument given by You toUs that isretumed by Your bank because of insufficient
funds or because Your bank account was closed.
Ownership and Risk of Loss. You promise to pay Us allYou owe under thisContract even if the
Vehicle is damaged, destroyed or missing.
Your Other Promises to Us. You promise that:
- You willnot remove the Vehicle from the United States orCanada without ourwritten permission.
- You willnot sell,
rent, leaseor otherwise transfer interestin theVehicle or thisContract without ourwritten permission.
any
- You willnot expose theVehicle to misuse orconfiscation.
- You willnot permit other lienor interesttobe placed on theVehicle.
any security
- You willpreserve and protectthe Vehicle and it in goodconditionand repair.
keep
- You willnot use the Vehicle in a tradeorbusiness without our writtenconsent.
- You wIIInot use the Vehicle or abandon it.If a govemmental impounds the Vehicle,You will Us
unlawfully agency notify immediately
and regain possession of theVehicle. We may regain possession of theVehicle and treat it as
a default.
- You will alltaxes, assessments, rentals,charges, and otherfees imposed on theVehicle when are due. If We repair
pay they pay any
storage
bills, bills,
taxes, fines,fees or other charges on the Vehicle, You agree torepay the amount to Us.
- You willpermit Us to inspectthe Vehicle at reasonable time.
any
- You will sign, orcause others tosign, and give Us documents We request toperfect our interest.
promptly any reasonably security
- You have not made and willnot make an untrue or incomplete statement in a credit this Contract or
misleading application, any
information provided in connection withthisContract.
- You will provide Us with additional personal orfinancialinformation You or information about the Vehicle
promptly any conceming any
thatWe may reasonably request from time totime.
- You will Us ifYou change Your name or address.
immediately notify
Prepayment. You have the righttoprepay Your account balance earlywithout a penalty. If Youprepay in full,
You may be entitledto a refund
creditOTpart of the pre-computed finance charge. This credit willbe calculated in accordance with the actuarialmethod. We willapply the credit
to the amount You owe Us or if You paid Us more than the amount owed to Us under thisContract, We willrefund it toYou. We willretain a
$15.00 acquisitionfee before calculatingany refund credit as permitted by law.We willnot creditor refund amounts less than $1.00, if permitted
by applicable law.
If You prepay only a portionof the balance remaining under thisContract, We willapply the p epayment to Your account balance, however a
prepayment willnotexcuse any laterscheduled payments. You must still
make allscheduled payments on time untilYour obligationunder this
Contract is paidin full.
If Youmake a partialprepayment Your lastpayment or payments may be less than the scheduled amount due.
Ica ama spranc ust i e10, the
h ur m Ws a pta to e mus ra this
o no am
do n buy p caldamage insurance whi coveæ res in , may, I e, buy insurance covers on y ourIn rest.
Any money advance willbe secured by the Vehicle.
We are under no obligationto buy any insurance, but may do so if Wedesire. If Webuy eitherof thesecoverage, We willlet Youknow what type it
is and thecharge You must pay.The amount You must pay willbe thepremium forthe insurance and a finance charge atthe Annual Percentage
Rate shown on thisContract. You agree topay the amount and finance charge within 10 days or inequal instalments along with the payment
shown on the Payment Schedule.
If the
Vehicle or damaged,
is lost You agree thatWe can use any insurance settlement eitherto repairtheVehicle or apply toYour account balance.
If appliedtoYour account balance, the insurance settlement proceeds that do not pay Your obligation in full
under thisContract willbe applied as
a partialpayment.
Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges foroptional insurance, maintenance, service
or warranty contracts. If the
Vehicle isrepossessed, You agree that We may claim benefitsunder these contracts and terminate them to obtain
refunds of uneamed charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If anycharge for required insurance isretumed to Us,
it may be creditedto Your account in accordance withthe Prepayment section of this
Contract or used tobuy similarinsurance which covers only our
interestin theVehicle.Any refundon optionalinsurance, maintenance, service,warranty orother contracts obtained by Us willbe credited toYour
account in accordance with the Prepayment section of thisContract.
Default and Acceleration of the Contract. You willbe in default
if:
- You fail
to any amount due under thisContract when it is due.
pay
- You break of Your other promises You made in this
Contract.
any
- A In bankruptcy, or isstarted You oragainst You orYour property.
proceeding receivership insolvency by
If Youare in default
of this
Contract, We may declare the entireunpaid balance of this
Contract due and payable immediately at anytime withoutnotice
to You, unlessWe are requiredby law to provideYou with such notice,and subjectto any rightYou may have toreinstatethe Contract.In figuring
what
You owe, We will
give You a refundof partof theFinance Charge figured thesame as if You had prepaid Your obligationunder thisContract in full.
ÆBuyer's Initials
NEWYORK CREDTFACCEPTANCECORPORATION(11-16) se Inits
© 2012 - 2016 CreditAcceptance Corporation. ÆBuyer's Initials
AIIRights Reserved. PAGE 3 of5
7 Isof 29 to Credit Acceptance Corporation.
The original retail Installrnent contract
assigned
This copy was created on 08/D4/2020
FILED: CORTLAND COUNTY CLERKCopy of Electronic
07/12/2022 Original
01:38 PM INDEX NO. EF22-292
NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance
RECEIVED NYSCEF: 07/12/2022
ADDITIONAL TERMS AND CONDITIONS (cont.)
Starter Interruption Device and GPS. You understand and agree that if Youare indefault,We may use any starterinterruption
device and/
or globalpositioningsystem the
(collectively, Device) installedon theVehicle to prevent theVehicle from startingand/or to locatethe Vehicle when
permissible law and theterms of this
Contract allowUs torepossess the Vehide. You agree thatif theVehicle is disabled,You willneed to cure
Your default in ordertorestartthe Vehicle. You acknowledge thatYou have been provided with a toll
freetelephone number that You may call,no
more than once per month, if theVehicle is disabledbut You need an emergency activationwhich willallowthe Vehicle to operate for 24 hours.
Refer to theterms and conditions of theBuyer's Disclosure for additionalinformation on the Device.
Repossession of the Vehicle. IfYou default,We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter
Your property,or the property where the Vehicle is stored,so long as it is
done peacefully and the law allows it. Anyaccessories, equipment or
replacements willremain withthe Vehicle. You hereby acknowledge and a ree that any personal contained withinthe Vehicle may be
removed and heldwithout to
liability Us or our agent. It is Your
responsibili promptly and immedi contact Us tomake arrangements forthe
retum ofYour personal property.You are responsible forpaying allreasona e charges associated wit therepossession.
Getting the Vehicle Back After Repossession. If We repossess the Vehicle, You have the righttoget it back(redeem). If We repossess
the Vehicle solel as a resultof Yourfailureto make a payment when it is due,
You have the righttoredeem the Vehicle by onlypaying all
amounts
past due includi latecharges and any expenses We incurredin retaking,holding,storing and preparing theVehicle for sale.Your righttoredeem
the Vehicle ends hen We sell,
lease, ficenseor otherwise dispose of any or all
o
Preview
FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022 CONSUMER CREDIT TRANSACTION Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index N9 COUNTY OF CORTLAND X Credit Acceptance Corporation SUMMONS Plaintiff, Plaintiffs Address: -against- 25505 West Twelve Mile Suite Rd., 3000 Yvonne Fox and Anna M Fox Southfield MI 48034 Defendant(s). The Basis of Venue is: CPLR SEC. 503(a) X Defendant(s) Address: DEF1- 2065 E FREETOWN TEXAS VAL MARATHON NY 13803-2721 RD, DEF2- 207 PAINTER HILL OXFORD NY 13830 RD, TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if thissummons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose. Dated: June 28, 2022 Matter # 461627 ¡ vri e Kollis Stephanie R. Vetch ¡ Aksana Bondartseva ¡ Joseph J. Cassotta ¡ Scott Morris ¡ Anthony Poulin ¡ Stephen Einstein ¡ Joseph G.Devine ¡ ¡ Tromberg, Morris & Poulin, PLLC Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 2022322o28 EF22-292 07/12/2022 01:38:41PM Pages 29 z be h La kCou Cerk S_S_SUP-SUM 1 of 29 FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX M: COUNTY OF CORTLAND Credit Acceptance Corporation Plaintiff, -against- COMPLAINT Yvonne Fox and Anna M Fox Defendant(s). Plaintiff, by itsundersigned attorneys, complaining of the Defendant(s), respectfully alleges that: 1. The Plaintiff is an active foreign entity authorized to transact business in the State of New York. Upon information and belief, at all times hereinafter mentioned, Defendant(s) resides in the city in which this action is brought, or transacted business in person or through an agent within the city in which this action is brought and the instant cause of action arose out of said transaction. 2. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein has not expired. 3. That the Defendant(s) entered into non-revolving credit contract (hereinafter, "Agreement") with a loan number that ends with the number XXXX4152 by Plaintiff for purchase of an automobile on 08/04/2020. A copy of the Agreement is attached hereto. 4. That the Plaintiff has fully complied with allthe terms and conditions of said Agreement. That the Defendant(s) breached said Agreement by failing to make one or more payments when due. 5. That on 06/17/2021 Plaintiff repossessed the collateral of the Contract. 6. That on 09/17/2021 Plaintiff sold the collateral at a commercial sale/auction to the highest bidder, following notice to the Defendant(s). 7. Upon information and belief the date of last payment on this account was 09/11/2020 in the amount of $87.50. 8. That the Defendant(s) is in default of said Agreement, and there is currently due and owing the balance of $8,570.85, which has not been paid despite due demand. A complete transaction history itemizing any (i) principal; (ii)finance charge or charges; (iii)fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges; less post-sale credits or payments made by or on behalf of the Defendant, is attached hereto. WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $8,570.85 with interest from 2/18/2022 together with the costs and disbursements of this action. CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC Deponent certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and S_S_COM-DEF 2 of 29 FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022 an initiating pleading, the matter was not obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 28th day of June, 2022 E -dike Kollis Stephanie R. Vetch ¡ Aksana Bondartseva ¡ Joseph J.Cassotta ¡ Scott Morris ¡ Anthony Poulin ¡ Stephen Einstein ¡ Joseph G. Devine ¡ ¡ Matter # 461627 S_S_COM-DEF 3 of 29 FILED: CORTLAND COUNTY CLERK 07/12/2022 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2022 EXHIBITS (Agreement/Contract) (Transaction History) S_S_COM-DEF 4 of 29 FILED: CORTLAND COUNTY CLERKCopy of Electronic 07/12/2022 Original 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 Not required to mail or fax thiS Copy to Credit Acceptance RECEIVED NYSCEF: 07/12/2022 RETAIL INSTALMENT CONTRACT ACCOUNT # 4 152 LOT # DGZ Buyer Name and Address Buyer Name and Address Creditor-SellerName and Address YVONNE FOX ANNA M FOX RIVERBANK AUTO SALES INC 2065 E FREETOWN TEXAS VALLEY 2065 E FREETOWN TEXAS VALLEY RD 15 S WEST STREET RD NY 13803 HOMER, NY 13077 MARATHON, MARATHON, NY 13803 "You" Žour" "We" and mean each B above, and jointly several . "Us", and mean Creditor-Seller and assi Creditor-Seller's nee. You m buy the Vehide describedbelow for cashor cred The cash nce Is shownon age 2 as1he"Cash Price". The credit priceis shown belowas "T I Sale Price". ou haveagreed from to buy the Vehicle Us on creditfor theotal SalePrice. You acknowledge delive and acceptance of the Vehicle in good condition and repair. You promise to pay Us aH amountsdue under ihis Retail InstalmentCon1ract("Contract'), induding e TotalSalePrice,in accordancewith the paymentscheduleshown in the Truth in Landin Disdosures below.You also agree to the terms and conditionsbelow (indudingthe Truthin LendingDisdosures) and on theadditional pages of this Contract. ou agree to payUs a credit servicechargeat the Annual Pe cen1age Rate shownbelow. The Annua1PercentageRate may be negotiable with Us. Year and Make Model and Body Style Color VehicleIdentification Number Odometer Reading Used 2014 Dodge Journey GRAY 3C4PDCBB1ET173779 81, 8 92 TRUTH IN LENDING DISCLOSURES Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments The totalcostof Your RATE The dollaramount The amount of credit The amount You will purchase on credit, The cost of Your the will credit cost rovided to Youor on have paid after You includingYour You. ourbehalf. have made all payments down payment of creditas a yearly as scheduled· 2, 000.00 g is 22 . 99 % $ 10 , 04 9 . 28 044.12 093 . 4O $ 2 5 , 0 93. 4O $ 13, $ 23, Payment Schedule: Your payment schedule willbe: No. of Payments Amount of Payments When Payments Are Due 5 S 66 $ 3 4 9 . 90 Monthly beginning September 04, 2020 3EEFREEEETESI9tS ORIGINAL Additional Information: Please read thisthis Contractfor any additionalinformation about nonpayment, default,any required repayment in full before thescheduled date, and prepayment refundsand penalties. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. PROPERTY INSURANCE: You must Insurethe Vehicle securing thisContract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , asmore fullydescribed on page 3. ARBITRATION: This Contract contains an Arbitration Clause that states You and We ma electto resolve an dispute by arbitration and not b court action. See the Arbitration Clause on Pa e 5 of thisContract forthe 11terms and condi ions ofthe Arbitration Clause. y initialingbelow, you confirm that you have read, understand and agree to he terms and conditions in the Arbitration "" Clause. Buyer Initials: Buyer Initials: USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE ISPART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. Gufa para compradores de vehiculos usados. La información que ve en el formulariode la ventanilla para este vehiculo forma partedel presente contrato.La información del formulario de la ventanilla deja sin efectotoda disposición en contrario contenida en el contratode venta. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE. Buyer's Initials NEWYORK CREDTFACCEPTANCECORPORATION(11-16) © 2012 - 2016 CreditAcceptance Corporation. I Buyer's Initials dWF AIIRights Reserved. PAGE 1 of5 5 Isof 29 to Credit Acceptance Corporation. The original retail Installrnent contract assigned This copy was created on 08/D4/2020 FILED: CORTLAND COUNTY CLERKCopy of Electronic 07/12/2022 Original 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance RECEIVED NYSCEF: 07/12/2022 ITEMIZATION OF AMOUNT FINANCED 1. Cash Price accessoriesand impmvements to the 11, 995 . 00 ......................................................................................... $ (including Vehicle) (1) 2. Sales 1, 0 97 . 12 Tax........................................................................................................................................................................................ $ (2) 3. Down-Payment Calculation: Cash Down Payment 2, 000. 00 .........................................................$ (A) Deferred Down Payment .......................................................9 N/A(g) Trade-In Description: Gmss Trade-In..............$ N/A (C) Make: N/A Model: N/A Payoff Made N/A by Seller...$ (D) "0" N/A Net Trade-In(If negative number, Insert In IIne 3(E) and itemize in 5(E) difference below)(C-D) ... $ (E) Trade-In Description: Gmss Trade-In..............$ N/A (F) Make: N/A Model: N/A Payoff N/A Made by Seller...$ (G) "O" N/A Net Trade-In(If negative number, Insert in line 3(H) and itemize in 5(J) difference below)(F-G) ... $ (H) N/A Other: Manufacturers Rebate ......................................................................................................... $ (g) TotalDown Payment + B + E + H + I) ..........................................(A $ 2, 00 0 . 0 0 (3) 4. Unpaid Balance of Cash Price(1+ 2 less O 92 . 12 3) ................................................................................................................................ $ 11, (4) 5. Other Charges IncludingAmounts Paid toOthers on Your Behalf: *(NOTICE: A portionof thesecharges may be paidto or retained by Us.) A. of Physical N/A ..................................... *Cost Required Damage Insurance Paid toInsurance Company $ B. *Cost of Optional Extended or ServiceContract Pald to the named below......... $ 1, 7 19 . 00 Warranty Company (s) C. of Fees for or N/A Cost Paid to PublicOfficials Perfecting, Releasing a Satisfying SecurityInterest..........$ (C) D. Cost of Fees Paidto Public for Officials of Title, Certificate Licenseand Registration ....................... $ 137 . 00 (D) Other Charges (Sellermust who identify willreceivepayment and describe purpose) E. to N/A forlienor leasepayoff N/A .................................................$ (E) p. "to seller for DEALER PROCESSING FEE 75 . 00 (p) G. *to New York State for EMISSION TEST FEE $ 21. 0O (G) H. *to N/A for N/A $ N/ A (H) I. *to N/A for N/A N/A $ ([) J. to N/A forllenor leasepayoff N/A ................................................. $ Totalof OtherCharges and Amounts Paid to Otherson Your $ 1, 952 . 00 Behalf........................................................................................... (5) 6. Less Prepaid Finance Charge N/A ....................................................................................................................................................... $ (s) 7. Amount Financed - Unpaid Balance (4 + 5 less 13 , O4 4 . 12 6)..................................................................................................................... $ (7) extended warranty or service contract covering the repairofcertain major mechanical breakdowns of theVehicle and related expenses. Refer to theoptional extended warranty or servicecontract tordetailsabout coverage and duration. 719 . 00 Term:2 4 Mo s . \ 24000 Mile s ' Price $ 1, Company:Wynn s Extended Care, Inc. $="ae Fa$ ..,--._J 08/04/2020 ---sirS.. 08 /04 /2020 ............._1 Buyer's Signature Date Buyer's Signature Date NOTICE TO BUYER: 't.Do not sign this agreement before you read itor ifItcontains any blank space. 2. You are entitled to a completely filled in of this agreement. 3. Under the law, you have the right to pay off in advance the full amount copy due and under certain conditions to obtain a partial refund of the credit service charge. 4.According to law you have the privilege of purchasing the insurance on the motor vehicle provided for In this contract from an agent or broker of your own selection. You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with allblanks filled in and that You have read itand understand it RETAIL INSTALMENT CONTRACT Buyers Signature:x . ,.- . Buyers Signature:x Seller.RIVERBANK AUTO SALES INC Title: AGENT By This ContractIs signed Seller 4 th of Augus t 2020 by the and Buyer(s) hereto this day NEWYORKCREDITACCEPTANCECORPORATION(11-16) © 20'12 - 2016CreditAcceptance Corporation. AllRights Reserved. PAGE 2 of5 6 isof 29 to Credit Acceptance Corporation. The original retall Installrnent contract assigned This copy was created on 08/04/2020 FILED: CORTLAND COUNTY CLERKCopy of Electronic 07/12/2022 Original 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance RECEIVED NYSCEF: 07/12/2022 ADDITIONAL TERMS AND CONDITIONS Security Interest. You give Us a security interestin:1).The Vehicle and allparts or goods installedin 2). it; Allmoney or goods received (proceeas) forthe Vehicle; 3).Allinsurance, maintenance, service orother contracts We finance for You; and 4).Allproceeds from insurance, maintenance, service or other contractsWe finance for You (thisincludes any refunds of premiums). This secures payment ofallYou owe on this Contract and in any transfer, renewal, extension or assignment of this Contracf. It also secures Your otheragreements in this Contract.You agree to have the certiñcateof title show our securityinterest(lien)in the Vehicle. I..ateCharge. You promise to make allpayments when due. If Youfailto make a payment when it is due, You agree topay Us a latecharge as stated on Page 1 ofthisContract. You agree thatWe do notwaive any ofour rights byaccepting one or more latepayments from You. Bad Check Charge. You agree topay Us a bad check charge of$20.00 (orsuch other amount permitted by applicablelaw) forany check or like instrument given by You toUs that isretumed by Your bank because of insufficient funds or because Your bank account was closed. Ownership and Risk of Loss. You promise to pay Us allYou owe under thisContract even if the Vehicle is damaged, destroyed or missing. Your Other Promises to Us. You promise that: - You willnot remove the Vehicle from the United States orCanada without ourwritten permission. - You willnot sell, rent, leaseor otherwise transfer interestin theVehicle or thisContract without ourwritten permission. any - You willnot expose theVehicle to misuse orconfiscation. - You willnot permit other lienor interesttobe placed on theVehicle. any security - You willpreserve and protectthe Vehicle and it in goodconditionand repair. keep - You willnot use the Vehicle in a tradeorbusiness without our writtenconsent. - You wIIInot use the Vehicle or abandon it.If a govemmental impounds the Vehicle,You will Us unlawfully agency notify immediately and regain possession of theVehicle. We may regain possession of theVehicle and treat it as a default. - You will alltaxes, assessments, rentals,charges, and otherfees imposed on theVehicle when are due. If We repair pay they pay any storage bills, bills, taxes, fines,fees or other charges on the Vehicle, You agree torepay the amount to Us. - You willpermit Us to inspectthe Vehicle at reasonable time. any - You will sign, orcause others tosign, and give Us documents We request toperfect our interest. promptly any reasonably security - You have not made and willnot make an untrue or incomplete statement in a credit this Contract or misleading application, any information provided in connection withthisContract. - You will provide Us with additional personal orfinancialinformation You or information about the Vehicle promptly any conceming any thatWe may reasonably request from time totime. - You will Us ifYou change Your name or address. immediately notify Prepayment. You have the righttoprepay Your account balance earlywithout a penalty. If Youprepay in full, You may be entitledto a refund creditOTpart of the pre-computed finance charge. This credit willbe calculated in accordance with the actuarialmethod. We willapply the credit to the amount You owe Us or if You paid Us more than the amount owed to Us under thisContract, We willrefund it toYou. We willretain a $15.00 acquisitionfee before calculatingany refund credit as permitted by law.We willnot creditor refund amounts less than $1.00, if permitted by applicable law. If You prepay only a portionof the balance remaining under thisContract, We willapply the p epayment to Your account balance, however a prepayment willnotexcuse any laterscheduled payments. You must still make allscheduled payments on time untilYour obligationunder this Contract is paidin full. If Youmake a partialprepayment Your lastpayment or payments may be less than the scheduled amount due. Ica ama spranc ust i e10, the h ur m Ws a pta to e mus ra this o no am do n buy p caldamage insurance whi coveæ res in , may, I e, buy insurance covers on y ourIn rest. Any money advance willbe secured by the Vehicle. We are under no obligationto buy any insurance, but may do so if Wedesire. If Webuy eitherof thesecoverage, We willlet Youknow what type it is and thecharge You must pay.The amount You must pay willbe thepremium forthe insurance and a finance charge atthe Annual Percentage Rate shown on thisContract. You agree topay the amount and finance charge within 10 days or inequal instalments along with the payment shown on the Payment Schedule. If the Vehicle or damaged, is lost You agree thatWe can use any insurance settlement eitherto repairtheVehicle or apply toYour account balance. If appliedtoYour account balance, the insurance settlement proceeds that do not pay Your obligation in full under thisContract willbe applied as a partialpayment. Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges foroptional insurance, maintenance, service or warranty contracts. If the Vehicle isrepossessed, You agree that We may claim benefitsunder these contracts and terminate them to obtain refunds of uneamed charges. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If anycharge for required insurance isretumed to Us, it may be creditedto Your account in accordance withthe Prepayment section of this Contract or used tobuy similarinsurance which covers only our interestin theVehicle.Any refundon optionalinsurance, maintenance, service,warranty orother contracts obtained by Us willbe credited toYour account in accordance with the Prepayment section of thisContract. Default and Acceleration of the Contract. You willbe in default if: - You fail to any amount due under thisContract when it is due. pay - You break of Your other promises You made in this Contract. any - A In bankruptcy, or isstarted You oragainst You orYour property. proceeding receivership insolvency by If Youare in default of this Contract, We may declare the entireunpaid balance of this Contract due and payable immediately at anytime withoutnotice to You, unlessWe are requiredby law to provideYou with such notice,and subjectto any rightYou may have toreinstatethe Contract.In figuring what You owe, We will give You a refundof partof theFinance Charge figured thesame as if You had prepaid Your obligationunder thisContract in full. ÆBuyer's Initials NEWYORK CREDTFACCEPTANCECORPORATION(11-16) se Inits © 2012 - 2016 CreditAcceptance Corporation. ÆBuyer's Initials AIIRights Reserved. PAGE 3 of5 7 Isof 29 to Credit Acceptance Corporation. The original retail Installrnent contract assigned This copy was created on 08/D4/2020 FILED: CORTLAND COUNTY CLERKCopy of Electronic 07/12/2022 Original 01:38 PM INDEX NO. EF22-292 NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance RECEIVED NYSCEF: 07/12/2022 ADDITIONAL TERMS AND CONDITIONS (cont.) Starter Interruption Device and GPS. You understand and agree that if Youare indefault,We may use any starterinterruption device and/ or globalpositioningsystem the (collectively, Device) installedon theVehicle to prevent theVehicle from startingand/or to locatethe Vehicle when permissible law and theterms of this Contract allowUs torepossess the Vehide. You agree thatif theVehicle is disabled,You willneed to cure Your default in ordertorestartthe Vehicle. You acknowledge thatYou have been provided with a toll freetelephone number that You may call,no more than once per month, if theVehicle is disabledbut You need an emergency activationwhich willallowthe Vehicle to operate for 24 hours. Refer to theterms and conditions of theBuyer's Disclosure for additionalinformation on the Device. Repossession of the Vehicle. IfYou default,We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter Your property,or the property where the Vehicle is stored,so long as it is done peacefully and the law allows it. Anyaccessories, equipment or replacements willremain withthe Vehicle. You hereby acknowledge and a ree that any personal contained withinthe Vehicle may be removed and heldwithout to liability Us or our agent. It is Your responsibili promptly and immedi contact Us tomake arrangements forthe retum ofYour personal property.You are responsible forpaying allreasona e charges associated wit therepossession. Getting the Vehicle Back After Repossession. If We repossess the Vehicle, You have the righttoget it back(redeem). If We repossess the Vehicle solel as a resultof Yourfailureto make a payment when it is due, You have the righttoredeem the Vehicle by onlypaying all amounts past due includi latecharges and any expenses We incurredin retaking,holding,storing and preparing theVehicle for sale.Your righttoredeem the Vehicle ends hen We sell, lease, ficenseor otherwise dispose of any or all o