Preview
FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023
STATE OF NEW YORK CONSUMER CREDIT
SUPREME COURT COUNTY OF TIOGA NON-CARD
TRANSACTION
MARINER FINANCE, LLC
Plaintiff, SUMMONS
vs. Plaintiffs Address:
1901 Vestal Pkwy, Suite 3
Vestal, New York 13850
BETH L. ULRICH
683 Spaulding Hill Road
Owego, New York 13827
Defendant(s).
The Basis of Venue is:
Transaction took place in: County of BROOME
Defendant resides in: County of TIOGA
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in thisaction and toserve a copy of
your answer on the Plaintiffs attorney(s) within 20 days after the service of this Summons exclusive of the
day ofservice (or within 30 days after the service iscomplete ifthis Summons isnot personally delivered to
you within the State of New York). In case of your failure to appear or answer, judgment will be taken
against you by default for the reliefdemanded in the Complaint.
January 25, 2023
TREVETT CRISTO
ROBERT B. GITLIN, ESQ.
Attorney for Plaintiff
P.O. Address and telephone number
2 State Street, Ste. 1000
Rochester, NY 14614
(585) 325-5343
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FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF TIOGA
MARINER FINANCE, LLC
COMPLAINT
Plaintiff,
vs.
BETH L. ULRICH
Defendant(s).
Plaintiff,by the undersigned attorney, alleges:
(1) Plaintiffis a Limited Liability Company licensed under the Laws of the State of New York, located at
1901 Vestal Pkwy, Suite 3, Vestal, New York 13850 and isthe original creditor of this loan.
(2)That on or about August 29, 2022, the Defendant(s) entered into a Note and Security Agreement with
Plaintiff, whereby, and inconsideration for a loan of $7,450.29 the Defendant(s) agreed pursuant to the Note
and Security Agreement to repay said loan, together with a finance charge, all as set forth in the Note and
Security Agreement, bearing an account number with the lastfour digits of 6415, a copy of which isattached
hereto and made a part hereof.
(3) That the Defendant(s) failed to pay the sums due to the Plaintiff pursuant to the aforesaid Note and
Security Agreement and in fact have made no payments on account, to date.
(4) That as of January 23, 2023, there remains a principal balance under said Note and Security agreement
in the sum of $7,979.40, plus interest in the amount of $221.56, and latecharges in the amount of $40.69, for
a total amount due of $8,241.65, together with interest on the principal balance at the rate of 24.99% per
annum from January 23, 2023.
(5) That by reason of the aforesaid default of the Defendant(s), there isdue and owing to the Plaintiff
the sum
of $8,241.65 together with interest on the principal balance at the rateof 24.99% per annum from January
23, 2023.
WHEREFORE, Plaintiffdemands judgment against the Defendant(s) in the sum of $8,241.65 together
with intereston the principal balance atthe rate of 24.99% per annum from January 23, 2023, plus costs and
disbursements, to be determined by the County Clerk.
Dated: January 25, 2023
TREVETT CRISTO
ROBERT B. GITLIN, ESQ.
Attorney for Plaintiff
2 State Street, Ste 1000
Rochester, New York 14614
(585) 325-5343
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FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
MARINER FINANCE, LLC
Plaintiff/Petitioner,
- against -
BETH L. ULRICH
Defendant/Respondent.
------------------------- -----------------Ç
NOTICE OF ELECTRONIC FILING
(Mandatory Commencement Case)
(Uniform Rule §202.5-bb(a)(2)(v) and (vi))
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name islisted above, was required to filethiscase using the New
York State Courts e-filingsystem ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in thiscase.
" If you are represented an attorney:
by
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
If you are not represented by an attorney:
You will be served with alldocuments in paper and you must serve and fileyour documents in
paper, unless you choose to participate in e-filing.
Ifyou choose to participate in e-filing,you must have access to a computer and a scanner or other
devise to convert documents into electronic format, a connection to the internet, and an e-mail
address to receive service of documents.
The benefits of participating in e-filing include:
" and your documents
serving filing electronically
" free access to view and print your e-filed documents
" limiting your number of tripsto the courthouse
" paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
" visit:www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Office or Center at thecourt where the case was filed. Court contact information
Help
can be found at www.nycourts.gov
Page 1 of 2 EFM-1A
3 of 8
FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing commencement Documents is Mandatory)
Attorneys representing a party must either consent or decline consent to electronic filing and service
through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically inthe manner provided at
the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing
must firstcreate a NYSCEF account and obtain a user ID and password prior to recording their
consent by going to www.nycourts.gov/efile.
Attorneys declining to consent must filewith the court and serve on all partiesof record a declination
of consent.
For additional information about electronic filing and to create a NYSCEF account, visitthe
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: efile@nycourts.gov).
Dated: January 25, 2023
Robert B. Gitlin, Esq. 2 State Street, Ste. 1000
Name Address
Trevett Cristo Rochester, New York 14614
Firm Name Address
(585) 325-5343
Phone
RBGITLIN@ROCHESTER.RR.COM
E-Mail
To: BETH L. ULRICH
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FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023
NOTE, SECURITY AGREEMENT & ARBITRATION AGREEMENT (New York)
Name & MailingAddress of Borrower(s) Co-Borrower(s)
BETH L ULRICH
Ac
Maturity Date unt
CO-BORROWER ADDRESS IF NOT THE SAME Ù3/Ù lÜÚ26 4-15
683 SPAULDING HILLRD Loan Date Loan Type
OWEGO, NY 13827 8/29/2022 10
Agreement (note) are called 1,you or your.
The borrower(s) who sign this Note, Security Agreement & Arbitration Mariner
The lender/creditor, whose
Finance, LLC,
1901
addressis VESTAL PARKWAY E. SUITE 3, VESTAL, NY 13850
s called we. us. or our. re a n These disclosures are required by law and are part of this note:
the loan in full.
Each borrower is res onsible for individuall
ANNUAL FINANCE CHARGE Amount Financed Total of Payments
The dollar amount the creditwillThe amount of creditprovided The amount you willhave paid
PERCENTAGE RATE
costyou. to you oron your behalf. afteryou have made all
The cost ofyour creditas a
payments as scheduled.
yearlyrate.
24.94 % $ 3,810.17 $ 7,450.29 $ 11,260.46
Your payment schedule willbe:
Number of Payments Amount of Payments When Payments Are Due
1 $ 278.20 10/01/2022 FirstPayment Date
Other payments are due on thesame date each following month untilpaid in
41 $ 267.86 full.
Security: You aregiving a securityinterestin:O thegoods or property being purchased.
("PP"
El Auto / PP means certainhousehold items)
Late Payment: Ifa payment is notreceived within 10 days afteritis due,you willpay a latecharge of 5% of such payment.
Prepayment: Ifyou pay off you
early, willnot have topay a penalty and you may be entitled
to arefund of partof thefinance charge.
See the restofthisnote foradditional informationabout nonpayment, default,any requiredrepayment infullbefore the scheduled
date,and prepayment refunds and penalties
e means an estimate
Itemizationof Amount Financed 11. $ 7,450.29 Amount Financed(Sum of 3-10)
1. $ 7.499.08 Net Balance-Prior
Account
’
2. $ NONE Plus AccruedInterest At yourdirectionand request,
on yourbehalfand foryour we will
benefit,
3. $ 5,451.44 Unpaid Account
Balance-Prior disbursethe following any items
(including describedon Schedule B):
4. $ NONE To Ins. Comp. Ins.*
for Life
5. $ NONE To Ins. Comp.forDis.Ins.* $ 1,542.52 To BETH L ULRICH
a)
6. $ 456.33 To Ins. Comp.for Ins.* $ NONE To N/A
Property b)
7. $ NONE To Ins. Comp.forInvol.
Unemp. Ins.* $ NONE To N/A
c)
8. $ NONE To Ins. Comp.forSingleInterest
Auto Ins.* $ NONE To N/A
d)
9. $ NONE To PublicOfficials
forRecordingFees e)$ NONE To N/A
10. $ 1,542.52 Cash to Borrower(s) f)$ NONE To N/A
g)$ NONE To N/A
h) $ NONE To N/A
*We or our affiliates
may receivebenefitsfromyour purchaseof these items.
You promise to payto the order
of theabove lender/creditor(us) the Total
of Payments disclosedabove,which includesFinanceCharges at the rate
of 24.99% per year (the Interest
Rate)in monthlypayments as scheduledabove. You willpay interest Rate on the unpaid
at the Interest principal
balanceof this note after maturity
(whether scheduled
originally or accelerated)
and after judgment
untilpaidin full.
You may prepay thisnote without penalty.Ifyou prepay in full we
or otherwise,
by cash, refinancing willrefund any unearnedFinanceCharge using
the Actuarial
refund method and any unearnedinsurancepremiums. Unless theloan is refinanced,
no refund ofless than$1.00will be made. Partial
prepayments will
be appliedagainst the unpaid
balanceand you make each scheduled
must still monthly payment the entire balance is paid.
until
Purchase of credit credit
life, and
disability involuntary unemployment insuranceis notrequired and suchinsurance won't be provided unlessyou
signand agree to paythe additional
cost. You may purchase 1or more ofthesecoverages atyour option.
CreditLife I wantcreditlife
insurance. Signature
O SingleO JointCoverage $ NONE I also want
jointcredit
life
insurance. Signature
CreditDisability I wantcredit insurance.
disability Signature
O SingleO JointCoverage $ NONE I also want
jointcredit insurance.
disability Signature
Unemployment $ NONE I want unemployment insurance.
Signature
Involuntary involuntary
Property Insurance. You willkeep the Property(as defined
below) insuredforits full
valueagainstloss or damage.Ifthe Propertyis a motor
vehicle,
you agree tobuy and maintainsingleinterestautopropertyinsurance,which protectsourinterest
in theProperty only,as wellas primaryautomobile
physicaldamage insurance of comprehensive
consisting and collision
coverage,coveringloss or damage to the Property.
Your physicaldamage insurance
policyrnust insure
the Property
for its full
replacementvalue witha deductible
amount of no more than$500. Your insurance
policiesmust say that
the
insuranceis payabletous to theextentof what you owe us and you must giveus a losspayable clause to us.
satisfactory You directthe insurance
companies to pay us all insurance
proceeds or unearned
and returned premiums.
I i t PC Note3.2021 Page 1 of 4
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FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023
You may buy property insurance (includingsingle interestauto property insurance, automobile physicaldamage insuranceand household
property insurance)from anyone you want.
If youget required
singleinterest insurance
auto property throughus fora termofN/A months you willpay $ NONE . If you
get dual
interest
householdpropertyinsurancethroughus fora termof 42 months you will
pay $ 456.33
I wantD singleinterest
auto propertyinsuranceG dual interest insurance
household property through us.Signature BGN.t t/MO/
You agreeto pay the chargespermitted by applicablelaw. You willpay us a bad checkfee of
$20.00 ifyou make any payment witha check that is
dishonored or there are insufficient
because you have no account fundsin youraccount.
You grantus a securityinterestinthe followingproperty, all
parts, and equipment
accessories, now or later
added and all
to the property, proceeds
We give up any right
the Property).
(collectively, we have (now or later) to consider
collateral
you another
give us for as collateral
obligation forthis note
unless it is described
in this note.
E Motor Vehicle(s)describedas follows
NEW OR YEAR AND NO. SERIES NAME (Also BODY, TYPE & MODEL NO. IDENTIFICATION NO. (Serialor
USED MAKE CLY. No. if applicable) (If tons capacity)
truck, Motor No.)
Used 2005 Nissan Altima Sedan 4D 2.5L14 1N4AL11D05C369889
M Personalproperty.See attachedSchedule A,which is part
of this note, for more detail.
You promise that: you aretheowner of thePropertyand, ifthereis a certificate
of title you
to the Property, willpromptly the certificate
deliver to us;
you willnot sell, lease or otherwise without
dispose of the Property our prior
writtenconsent;you willkeep the Property is
in this state, unless the Property
a motor in
vehicle, which case you onlywill use it
outsidethisstate temporarily
in the courseofyour normal use of you
the Property; willnot use the
Propertyin violation
of any lawor in any manner with
inconsistent any insurance policy;
you willpay on the
all taxes, assessments and other fees payable
Propertywhen they are due and payable;
only interest
we have a security in the Property
unlessyou have told about another
us in writing securityinterest;
you willnot permit
any other interest
security without
to be on the Property our prior
writtenconsent;and you will in good condition
keep the Property and
repairand you will
not permit
anythingto be done to the Property
that wouldimpairits value.
ADDITIONAL TERMS AND CONDITIONS
1. at any reasonable
We may inspect the Property time. You willshow us the Property us a written
or give statementshowing the location
of the Property
whenever we ask. You authorizeus tofileallfinancing continuation
statements, statementsand interest
security statements
filing with respect
to the
Propertyand youagreeto signsuchstatementsatour request.
2. defer payment
If we agree that you may of all unpaid
payments for whichno default
charge has been charged one or more
full
months, pay us a
you will
deferral
charge equalto the difference
between the FinanceCharge we would refundifyou prepaidin full
on the scheduled deferred
due date of the first
payment and the amountthatwould be refundedforprepayment in full
one month multiplied
earlier, by the number ofmonths in the deferment
period.
The defermentperiod in which
is the period no scheduled payment no payment
has been made and in which by reason
is required of If
the deferment. a
refundof FinanceCharge is required
duringa defermentperiod because ofprepayment infull,we willrefundthe defermentcharge forthe number of
months remainingin the deferment
period. a portion
For this purpose, of a monthexceeding 15 days shall be deemed a month.
3. You willbe in default
if:you do not makea payment when person
it is due; you are (or any other puts you)in bankruptcy,
insolvencyor receivership;
any credit
informationyou gavetous orany representation
you make tousin note
this ismateriallywrong;you do notfulfill
anyobligationof yours
in this
note; or you die.
4. When you are in default,
we may requireyou accrued charges less a refund
loan plus
to pay this of FinanceCharge computed in the same way
as if you
had made payment in full
in advance, to any other remedies we have.
at once, in addition
5. When you are in default,
we have the rights
and remediesof under New
a secured party York law,including Ifthe
to repossess the Property.
the right
Propertyis a motor you may
vehicle, have a right
to redeem the vehicle sole default
if your is a failure
to make timelypayments by this note.
as required If
the lawrequires
us to giveyou of sale or disposition
notice ofthe Property, notice
10 days prior willbe reasonable
notice,unlessa longer
noticeperiodis
requiredby law.The noticemay be sent to your on our records.
address last shown We may requireyou to assemble and make available
the Property to us
at any place
convenientto bothof us. Ifany ofyour possessionsare in or attached at the time
to the Property you
it is repossessed, us to take
authorize
them withoutany liability.
We will store them
for yousafely.We willtellyou wherethey and you
are stored may redeem them. Ifyou do not claimyour
possessionswithin30 days after
the goods are repossessed,
we may disposeofthem without noticeto youinany manner we deem unless
appropriate,
requiredotherwiseby applicable
law.You after the sale of the Property.
agree to pay any deficiency
6. We can waive or delay
enforcing without
any of our rights losingthem. We can waive or delay a right
enforcing against
one of youwithoutlosingit as
to the other.
We can release one of you without the other.
releasing You consent to extensions without
of time notice.
7. New York law and federal
law governthis note.Ifany part
of this note is unenforceable, not make
this will (subject
any other part unenforceable to the
paragraphbelow titledOther Agreements). You won't be requiredto payinterest
orcharges inexcess ofthose permittedbylaw. In if
addition, any
borrower" such contrary
provisionof this
note to
is contrary the rights afforded
and protections to any "covered as definedin the Military
LendingAct,
borrower;" provisions
provisionof this note shall
be inoperative
and shall
have no force in connection
or effect with such "covered however all remaining
of this
note shall remain
in full
forceand effect.
I i t2PCNote 3.2021 Page2 of 4
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FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023
Military Lending Act Disclosures:THE FOLLOWING DISCLOSURES APPLY IF YOU ARE AN ACTIVE DUTY MEMBER
OF THE MILITARY OR A DEPENDENT OF AN ACTIVE DUTY MILITARY MEMBER.
Mariner Finance, LLC appreciates your and your family's serviceto our country. As an active duty member of the military (or
dependent of an active duty military member), the Federal Military Lending Act ("MLA") provides you with certain protections.
Please see below forimportant information about your loan.
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of
consumer credit.In general, the cost ofconsumer credit to a member of theArmed Forces and his or her dependents may not
exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credittransaction or account: The
costs associatedwith creditinsurance premiums, feesfor ancillaryproducts sold in connection with thecredit transaction; any
application fee charged (other than certain application fees forspecified credittransactions or accounts); and any participation
fee charged (other than certain participation feesfor a creditcard account).
Please alsocall1-877-299-3124 toreceive your MLA disclosuresover the phone.
READ THE BELOW ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES, AMONG OTHER TERMS:
" YOU OR WE MAY ELECT TO HAVE DISPUTES BETWEEN US RESOLVED BY BINDING ARBITRATION
INSTEAD OF IN COURT.
" IN ARBITRATION YOU GIVE UP THE RIGHT TO SUE IN COURT AND DISCOVERY AND RIGHTS OF APPEAL
ARE LIMITED. A NEUTRAL ARBITRATOR RESOLVES THE DISPUTE INSTEAD OF A JUDGE OR JURY.
" YOU MAY NOT PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ARBITRATION OR IN
ANY OTHER CONSOLIDATED PROCEEDING.
" YOU MAY REJECT THE BELOW ARBITRATION AGREEMENT FOR A CERTAIN AMOUNT OF TIME AFTER
THE NOTE DATE.
The below Arbitration Agreement does to "covered borrower" in the Act.
not apply any as defined MilitaryLending
Agreement (Agreement). This Agreement is part of your note. In this Agreement, "you," "we," "us," and "our"
By signing this note, you agreeto this Arbitration include
subsidiaries, affiliates, agents,employers, successors,and assigns.
Arbitration
Agreement.You or we may clect to have any Claim (defined below) resolved by neutral binding arbitration instead of in court
You waive any
right you have to resolve a Claim betweenyou and us in court. You waive any right you have to participate as a class representativeor classmember.
Claim.Claim means any claim or dispute, whether arising in law, equity, or otherwise, and regardlessof the type of relief sought arising from or relating to your
application for credit, the note, the origination, servicing and enforcement of the obligation, any insurance contract or warranty or other product or service you buy, and
any relationship that results from the note, the underlying obligation or any of the foregoing. Claim includes initial
claims, counterclaims, cross-claims, and third-party
claims. Claimalso includes disputes based upon contract, tort, consumer rights, fraud and other intentional
statute, regulation and ordinance.
torts, constitution,
"Claim"does not include any dispute or controversy about the validity,
enforceability or scope of this Agreement or any part thereof (including, without limitation,
Preview
FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023 STATE OF NEW YORK CONSUMER CREDIT SUPREME COURT COUNTY OF TIOGA NON-CARD TRANSACTION MARINER FINANCE, LLC Plaintiff, SUMMONS vs. Plaintiffs Address: 1901 Vestal Pkwy, Suite 3 Vestal, New York 13850 BETH L. ULRICH 683 Spaulding Hill Road Owego, New York 13827 Defendant(s). The Basis of Venue is: Transaction took place in: County of BROOME Defendant resides in: County of TIOGA TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in thisaction and toserve a copy of your answer on the Plaintiffs attorney(s) within 20 days after the service of this Summons exclusive of the day ofservice (or within 30 days after the service iscomplete ifthis Summons isnot personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the reliefdemanded in the Complaint. January 25, 2023 TREVETT CRISTO ROBERT B. GITLIN, ESQ. Attorney for Plaintiff P.O. Address and telephone number 2 State Street, Ste. 1000 Rochester, NY 14614 (585) 325-5343 1 of 8 FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF TIOGA MARINER FINANCE, LLC COMPLAINT Plaintiff, vs. BETH L. ULRICH Defendant(s). Plaintiff,by the undersigned attorney, alleges: (1) Plaintiffis a Limited Liability Company licensed under the Laws of the State of New York, located at 1901 Vestal Pkwy, Suite 3, Vestal, New York 13850 and isthe original creditor of this loan. (2)That on or about August 29, 2022, the Defendant(s) entered into a Note and Security Agreement with Plaintiff, whereby, and inconsideration for a loan of $7,450.29 the Defendant(s) agreed pursuant to the Note and Security Agreement to repay said loan, together with a finance charge, all as set forth in the Note and Security Agreement, bearing an account number with the lastfour digits of 6415, a copy of which isattached hereto and made a part hereof. (3) That the Defendant(s) failed to pay the sums due to the Plaintiff pursuant to the aforesaid Note and Security Agreement and in fact have made no payments on account, to date. (4) That as of January 23, 2023, there remains a principal balance under said Note and Security agreement in the sum of $7,979.40, plus interest in the amount of $221.56, and latecharges in the amount of $40.69, for a total amount due of $8,241.65, together with interest on the principal balance at the rate of 24.99% per annum from January 23, 2023. (5) That by reason of the aforesaid default of the Defendant(s), there isdue and owing to the Plaintiff the sum of $8,241.65 together with interest on the principal balance at the rateof 24.99% per annum from January 23, 2023. WHEREFORE, Plaintiffdemands judgment against the Defendant(s) in the sum of $8,241.65 together with intereston the principal balance atthe rate of 24.99% per annum from January 23, 2023, plus costs and disbursements, to be determined by the County Clerk. Dated: January 25, 2023 TREVETT CRISTO ROBERT B. GITLIN, ESQ. Attorney for Plaintiff 2 State Street, Ste 1000 Rochester, New York 14614 (585) 325-5343 2 of 8 FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA MARINER FINANCE, LLC Plaintiff/Petitioner, - against - BETH L. ULRICH Defendant/Respondent. ------------------------- -----------------Ç NOTICE OF ELECTRONIC FILING (Mandatory Commencement Case) (Uniform Rule §202.5-bb(a)(2)(v) and (vi)) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name islisted above, was required to filethiscase using the New York State Courts e-filingsystem ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in thiscase. " If you are represented an attorney: by Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). If you are not represented by an attorney: You will be served with alldocuments in paper and you must serve and fileyour documents in paper, unless you choose to participate in e-filing. Ifyou choose to participate in e-filing,you must have access to a computer and a scanner or other devise to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: " and your documents serving filing electronically " free access to view and print your e-filed documents " limiting your number of tripsto the courthouse " paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: " visit:www.nycourts.gov/efile-unrepresented or " contact the Clerk's Office or Center at thecourt where the case was filed. Court contact information Help can be found at www.nycourts.gov Page 1 of 2 EFM-1A 3 of 8 FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing commencement Documents is Mandatory) Attorneys representing a party must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically inthe manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must firstcreate a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile. Attorneys declining to consent must filewith the court and serve on all partiesof record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov). Dated: January 25, 2023 Robert B. Gitlin, Esq. 2 State Street, Ste. 1000 Name Address Trevett Cristo Rochester, New York 14614 Firm Name Address (585) 325-5343 Phone RBGITLIN@ROCHESTER.RR.COM E-Mail To: BETH L. ULRICH 4 of 8 FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023 NOTE, SECURITY AGREEMENT & ARBITRATION AGREEMENT (New York) Name & MailingAddress of Borrower(s) Co-Borrower(s) BETH L ULRICH Ac Maturity Date unt CO-BORROWER ADDRESS IF NOT THE SAME Ù3/Ù lÜÚ26 4-15 683 SPAULDING HILLRD Loan Date Loan Type OWEGO, NY 13827 8/29/2022 10 Agreement (note) are called 1,you or your. The borrower(s) who sign this Note, Security Agreement & Arbitration Mariner The lender/creditor, whose Finance, LLC, 1901 addressis VESTAL PARKWAY E. SUITE 3, VESTAL, NY 13850 s called we. us. or our. re a n These disclosures are required by law and are part of this note: the loan in full. Each borrower is res onsible for individuall ANNUAL FINANCE CHARGE Amount Financed Total of Payments The dollar amount the creditwillThe amount of creditprovided The amount you willhave paid PERCENTAGE RATE costyou. to you oron your behalf. afteryou have made all The cost ofyour creditas a payments as scheduled. yearlyrate. 24.94 % $ 3,810.17 $ 7,450.29 $ 11,260.46 Your payment schedule willbe: Number of Payments Amount of Payments When Payments Are Due 1 $ 278.20 10/01/2022 FirstPayment Date Other payments are due on thesame date each following month untilpaid in 41 $ 267.86 full. Security: You aregiving a securityinterestin:O thegoods or property being purchased. ("PP" El Auto / PP means certainhousehold items) Late Payment: Ifa payment is notreceived within 10 days afteritis due,you willpay a latecharge of 5% of such payment. Prepayment: Ifyou pay off you early, willnot have topay a penalty and you may be entitled to arefund of partof thefinance charge. See the restofthisnote foradditional informationabout nonpayment, default,any requiredrepayment infullbefore the scheduled date,and prepayment refunds and penalties e means an estimate Itemizationof Amount Financed 11. $ 7,450.29 Amount Financed(Sum of 3-10) 1. $ 7.499.08 Net Balance-Prior Account ’ 2. $ NONE Plus AccruedInterest At yourdirectionand request, on yourbehalfand foryour we will benefit, 3. $ 5,451.44 Unpaid Account Balance-Prior disbursethe following any items (including describedon Schedule B): 4. $ NONE To Ins. Comp. Ins.* for Life 5. $ NONE To Ins. Comp.forDis.Ins.* $ 1,542.52 To BETH L ULRICH a) 6. $ 456.33 To Ins. Comp.for Ins.* $ NONE To N/A Property b) 7. $ NONE To Ins. Comp.forInvol. Unemp. Ins.* $ NONE To N/A c) 8. $ NONE To Ins. Comp.forSingleInterest Auto Ins.* $ NONE To N/A d) 9. $ NONE To PublicOfficials forRecordingFees e)$ NONE To N/A 10. $ 1,542.52 Cash to Borrower(s) f)$ NONE To N/A g)$ NONE To N/A h) $ NONE To N/A *We or our affiliates may receivebenefitsfromyour purchaseof these items. You promise to payto the order of theabove lender/creditor(us) the Total of Payments disclosedabove,which includesFinanceCharges at the rate of 24.99% per year (the Interest Rate)in monthlypayments as scheduledabove. You willpay interest Rate on the unpaid at the Interest principal balanceof this note after maturity (whether scheduled originally or accelerated) and after judgment untilpaidin full. You may prepay thisnote without penalty.Ifyou prepay in full we or otherwise, by cash, refinancing willrefund any unearnedFinanceCharge using the Actuarial refund method and any unearnedinsurancepremiums. Unless theloan is refinanced, no refund ofless than$1.00will be made. Partial prepayments will be appliedagainst the unpaid balanceand you make each scheduled must still monthly payment the entire balance is paid. until Purchase of credit credit life, and disability involuntary unemployment insuranceis notrequired and suchinsurance won't be provided unlessyou signand agree to paythe additional cost. You may purchase 1or more ofthesecoverages atyour option. CreditLife I wantcreditlife insurance. Signature O SingleO JointCoverage $ NONE I also want jointcredit life insurance. Signature CreditDisability I wantcredit insurance. disability Signature O SingleO JointCoverage $ NONE I also want jointcredit insurance. disability Signature Unemployment $ NONE I want unemployment insurance. Signature Involuntary involuntary Property Insurance. You willkeep the Property(as defined below) insuredforits full valueagainstloss or damage.Ifthe Propertyis a motor vehicle, you agree tobuy and maintainsingleinterestautopropertyinsurance,which protectsourinterest in theProperty only,as wellas primaryautomobile physicaldamage insurance of comprehensive consisting and collision coverage,coveringloss or damage to the Property. Your physicaldamage insurance policyrnust insure the Property for its full replacementvalue witha deductible amount of no more than$500. Your insurance policiesmust say that the insuranceis payabletous to theextentof what you owe us and you must giveus a losspayable clause to us. satisfactory You directthe insurance companies to pay us all insurance proceeds or unearned and returned premiums. I i t PC Note3.2021 Page 1 of 4 08/29/2022 01:10 PM 5 of 8 FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023 You may buy property insurance (includingsingle interestauto property insurance, automobile physicaldamage insuranceand household property insurance)from anyone you want. If youget required singleinterest insurance auto property throughus fora termofN/A months you willpay $ NONE . If you get dual interest householdpropertyinsurancethroughus fora termof 42 months you will pay $ 456.33 I wantD singleinterest auto propertyinsuranceG dual interest insurance household property through us.Signature BGN.t t/MO/ You agreeto pay the chargespermitted by applicablelaw. You willpay us a bad checkfee of $20.00 ifyou make any payment witha check that is dishonored or there are insufficient because you have no account fundsin youraccount. You grantus a securityinterestinthe followingproperty, all parts, and equipment accessories, now or later added and all to the property, proceeds We give up any right the Property). (collectively, we have (now or later) to consider collateral you another give us for as collateral obligation forthis note unless it is described in this note. E Motor Vehicle(s)describedas follows NEW OR YEAR AND NO. SERIES NAME (Also BODY, TYPE & MODEL NO. IDENTIFICATION NO. (Serialor USED MAKE CLY. No. if applicable) (If tons capacity) truck, Motor No.) Used 2005 Nissan Altima Sedan 4D 2.5L14 1N4AL11D05C369889 M Personalproperty.See attachedSchedule A,which is part of this note, for more detail. You promise that: you aretheowner of thePropertyand, ifthereis a certificate of title you to the Property, willpromptly the certificate deliver to us; you willnot sell, lease or otherwise without dispose of the Property our prior writtenconsent;you willkeep the Property is in this state, unless the Property a motor in vehicle, which case you onlywill use it outsidethisstate temporarily in the courseofyour normal use of you the Property; willnot use the Propertyin violation of any lawor in any manner with inconsistent any insurance policy; you willpay on the all taxes, assessments and other fees payable Propertywhen they are due and payable; only interest we have a security in the Property unlessyou have told about another us in writing securityinterest; you willnot permit any other interest security without to be on the Property our prior writtenconsent;and you will in good condition keep the Property and repairand you will not permit anythingto be done to the Property that wouldimpairits value. ADDITIONAL TERMS AND CONDITIONS 1. at any reasonable We may inspect the Property time. You willshow us the Property us a written or give statementshowing the location of the Property whenever we ask. You authorizeus tofileallfinancing continuation statements, statementsand interest security statements filing with respect to the Propertyand youagreeto signsuchstatementsatour request. 2. defer payment If we agree that you may of all unpaid payments for whichno default charge has been charged one or more full months, pay us a you will deferral charge equalto the difference between the FinanceCharge we would refundifyou prepaidin full on the scheduled deferred due date of the first payment and the amountthatwould be refundedforprepayment in full one month multiplied earlier, by the number ofmonths in the deferment period. The defermentperiod in which is the period no scheduled payment no payment has been made and in which by reason is required of If the deferment. a refundof FinanceCharge is required duringa defermentperiod because ofprepayment infull,we willrefundthe defermentcharge forthe number of months remainingin the deferment period. a portion For this purpose, of a monthexceeding 15 days shall be deemed a month. 3. You willbe in default if:you do not makea payment when person it is due; you are (or any other puts you)in bankruptcy, insolvencyor receivership; any credit informationyou gavetous orany representation you make tousin note this ismateriallywrong;you do notfulfill anyobligationof yours in this note; or you die. 4. When you are in default, we may requireyou accrued charges less a refund loan plus to pay this of FinanceCharge computed in the same way as if you had made payment in full in advance, to any other remedies we have. at once, in addition 5. When you are in default, we have the rights and remediesof under New a secured party York law,including Ifthe to repossess the Property. the right Propertyis a motor you may vehicle, have a right to redeem the vehicle sole default if your is a failure to make timelypayments by this note. as required If the lawrequires us to giveyou of sale or disposition notice ofthe Property, notice 10 days prior willbe reasonable notice,unlessa longer noticeperiodis requiredby law.The noticemay be sent to your on our records. address last shown We may requireyou to assemble and make available the Property to us at any place convenientto bothof us. Ifany ofyour possessionsare in or attached at the time to the Property you it is repossessed, us to take authorize them withoutany liability. We will store them for yousafely.We willtellyou wherethey and you are stored may redeem them. Ifyou do not claimyour possessionswithin30 days after the goods are repossessed, we may disposeofthem without noticeto youinany manner we deem unless appropriate, requiredotherwiseby applicable law.You after the sale of the Property. agree to pay any deficiency 6. We can waive or delay enforcing without any of our rights losingthem. We can waive or delay a right enforcing against one of youwithoutlosingit as to the other. We can release one of you without the other. releasing You consent to extensions without of time notice. 7. New York law and federal law governthis note.Ifany part of this note is unenforceable, not make this will (subject any other part unenforceable to the paragraphbelow titledOther Agreements). You won't be requiredto payinterest orcharges inexcess ofthose permittedbylaw. In if addition, any borrower" such contrary provisionof this note to is contrary the rights afforded and protections to any "covered as definedin the Military LendingAct, borrower;" provisions provisionof this note shall be inoperative and shall have no force in connection or effect with such "covered however all remaining of this note shall remain in full forceand effect. I i t2PCNote 3.2021 Page2 of 4 08/29/2022 01:10 PM 6 of 8 FILED: TIOGA COUNTY CLERK 01/26/2023 07:42 AM INDEX NO. 2023-00062818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2023 Military Lending Act Disclosures:THE FOLLOWING DISCLOSURES APPLY IF YOU ARE AN ACTIVE DUTY MEMBER OF THE MILITARY OR A DEPENDENT OF AN ACTIVE DUTY MILITARY MEMBER. Mariner Finance, LLC appreciates your and your family's serviceto our country. As an active duty member of the military (or dependent of an active duty military member), the Federal Military Lending Act ("MLA") provides you with certain protections. Please see below forimportant information about your loan. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit.In general, the cost ofconsumer credit to a member of theArmed Forces and his or her dependents may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credittransaction or account: The costs associatedwith creditinsurance premiums, feesfor ancillaryproducts sold in connection with thecredit transaction; any application fee charged (other than certain application fees forspecified credittransactions or accounts); and any participation fee charged (other than certain participation feesfor a creditcard account). Please alsocall1-877-299-3124 toreceive your MLA disclosuresover the phone. READ THE BELOW ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES, AMONG OTHER TERMS: " YOU OR WE MAY ELECT TO HAVE DISPUTES BETWEEN US RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT. " IN ARBITRATION YOU GIVE UP THE RIGHT TO SUE IN COURT AND DISCOVERY AND RIGHTS OF APPEAL ARE LIMITED. A NEUTRAL ARBITRATOR RESOLVES THE DISPUTE INSTEAD OF A JUDGE OR JURY. " YOU MAY NOT PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ARBITRATION OR IN ANY OTHER CONSOLIDATED PROCEEDING. " YOU MAY REJECT THE BELOW ARBITRATION AGREEMENT FOR A CERTAIN AMOUNT OF TIME AFTER THE NOTE DATE. The below Arbitration Agreement does to "covered borrower" in the Act. not apply any as defined MilitaryLending Agreement (Agreement). This Agreement is part of your note. In this Agreement, "you," "we," "us," and "our" By signing this note, you agreeto this Arbitration include subsidiaries, affiliates, agents,employers, successors,and assigns. Arbitration Agreement.You or we may clect to have any Claim (defined below) resolved by neutral binding arbitration instead of in court You waive any right you have to resolve a Claim betweenyou and us in court. You waive any right you have to participate as a class representativeor classmember. Claim.Claim means any claim or dispute, whether arising in law, equity, or otherwise, and regardlessof the type of relief sought arising from or relating to your application for credit, the note, the origination, servicing and enforcement of the obligation, any insurance contract or warranty or other product or service you buy, and any relationship that results from the note, the underlying obligation or any of the foregoing. Claim includes initial claims, counterclaims, cross-claims, and third-party claims. Claimalso includes disputes based upon contract, tort, consumer rights, fraud and other intentional statute, regulation and ordinance. torts, constitution, "Claim"does not include any dispute or controversy about the validity, enforceability or scope of this Agreement or any part thereof (including, without limitation,