Preview
FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF CLINTON
CREDIT ACCEPTANCE CORPORATION
INDEX NO.:
25505 West Twelve Mile Road
DATE PURCHASED:
Southfield, Michigan 48034
SUMMONS
Plaintiff,
3-
Plaintiff(s) designate(s) Clinton
County as the place of trial.
PAMELA WINTERS AKA PAMELA J. W1NTERS
41 Seperator Road . .
The basis of venue is:
Au Sable Forks, New York 12912-3128
DEFENDANT'S LOCATION
County of: Clinton
Defendant.
To the above-named Defendant:
YOU ARE HEREBY SUMMONED and required to appear in the Supreme Court of the County of
Clinton located at 137 Margaret Street, City of Plattsburgh, State of New York, by serving an *answer to the
annexed Verified Complaint upon Plaintiff's attorney(s) at the address stated below, or if there is no attorney,
upon the Plaintiff at the address stated above, within the time provided by law as noted below. Upon your
failure to so answer, judgment will be taken against you fo he relief demanded in the complaint, together with
the costs and disbursements of this action.
Dated: February 21, 2023
¡ Joseph M. Shur, Esq. /Shelly L. Baldwin, Esq.
Relin, Goldstein & Crane, LLP
Attorney(s) for Plaintiff
Office and Post Office Address:
28 East Main Street, Suite 1800, Rochester, New York 14614
(585) 325-6202
NOTE: The law provides that:
1) If this summons is served by its delivery to you personally within the County of Clinton, you must
answer within twenty (20) days after such service; or
2) If this summons is served by delivery to any person other than you personally, or is served outside
the County of Clinton, or by publication, or by any means other than personal delivery to you within the
County of Clinton, you are allowed within thirty (30) days after service is complete within which to
answer.
* go to the court to serve an answer.
You need not physically
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR, ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
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FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF CLINTON
CREDIT ACCEPTANCE CORPORATION
25505 West Twelve Mile Road
Southfield, Michigan 48034
Plaintiff,
-vs- VERIFIED COMPLAINT
PAMELA WINTERS AKA PAMELA J. WINTERS
41 Seperator Road
Au Sable Forks, New York 12912-3128
Defendant.
The Plaintiff herein, by RELIN, GOLDSTE1N & CRANE, LLP, its attorneys, complains of the
above-named Defendant, and for its cause(s) of action, alleges:
FIRST: That the Plaintiff is a corporation licensed to transact business in the State of New York, having
a principal place of business located in the county of Oakland, State of Michigan.
SECOND: Upon information and belief, that the Defendant is a resident of the County of Clinton, State
of New York.
AS AND FOR A FIRST CAUSE OF ACTION:
THIRD: On or about August 2, 2016, Dealer entered in to a Retail Installment Contract (the "Contract")
with the Defendant for good and valuable consideration. That attached hereto is a true copy of said Contract,
marked Exhibit "A".
FOURTH: Upon the Contract's execution, Plaintiff, the original creditor, extended credit to Defendant
with account number ending in ****5731, and financed the Defendants purchase of the motor vehicle
identified in the Contract.
FIFTH: That within four years last past, the Defendant herein defaulted on his/her obligations under the
Contract, and that after the Plaintiff applied all just set-offs and credits, if any, due to the Defendant, there
remains due and owing the principal sum of $6,310.56 with interest which represents:
. principal balance of $6,241.56,
. late fees in the amount of $69.00 and
. repossession costs and expenses totaling $0.00
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FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023
SIXTH: That the Plaintiff has complied with all conditions precedent to the aforesaid Contract.
SEVENTH: Defendant breached the Agreement by failing to pay as agreed. The last payment received
from Defendant was on November 30, 2019 in the amount of $282.90.
EIGHTH: That the rebates, if any, were calculated pursuant to the method provided in the laws of New
York State.
AS AND FOR A SECOND CAUSE OF ACTION:
"FIRST" "EIGHTH"
NINTH: The Plaintiff repeats and re-alleges paragraph through of this complaint, as
though fully hereinafter set forth.
TENTH: After crediting Defendant's account with all payments made and/or credits received, if any, there
was a balance due and owing of $6,310.56, an accounting of which is shown on the delinquency letter (final
statement of account) Plaintiff provided Defendant on May 21, 2022. That attached hereto is a true copy of said
delinquency letter, marked Exhibit "B".
ELEVENTH: The Defendant retained such statement of account without objection.
WHEREFORE, Plaintiff demands judgment:
A) On Plaintiff's first cause of action, adjudging and decreeing the amounts due to the Plaintiff,
B) On Plaintiff's second cause of action, in the sum of $6,310.56, with interest in the amount of 9% from
November 20, 2020,
C) Together with the costs and disbursements of etion.
Date: February 21, 2023
¡ Joseph M. Shur, Esq. /f Shelly L. Baldwin, Esq.
Relin, Goldstein & Crane, LLP
Attorney(s) for Plaintiff
Office and Post Office Address:
28 East Main Street, Suite 1800, Rochester, New York 14614
(585) 325-6202
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FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023
ATTORNEY'S VERIFICATION BY AFFIRMATION
STATE OF NEW YORK
COUNTY OF MONROE) SS:
I, the undersigned, am an attorney admitted to practice in the courts of the State of New York and that: I am
the attorney of record, or of counsel with the attorney(s) of record for the Plaintiff.
I have read the annexed Complaint and know the contents thereof and the same are true to my knowledge,
except those matters therein which are stated to be alleged on information and belief, and as to those matters, I
believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the
following: correspondence, memoranda and statements of account in deponent's possession.
The reason I make this affirmation instead of Plaintiff is because an officer of Plaintiff is not within the
County of Monroe and deponent is one of the attorneys for said corporation.
I affirm that the foregoing statements are true under nalties of perjury.
Date: February 21, 2023
¡ Joseph M. Shur, Esq. Shelly L. Baldwin, Esq.
Relin, Goldstein & Crane, L
Attorney(s) for Plaintiff
Office and Post Office Address:
28 East Main Street, Suite 1800, Rochester, New York 14614
(585) 325-6202
22-02124
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Preview
FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023 CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF CLINTON CREDIT ACCEPTANCE CORPORATION INDEX NO.: 25505 West Twelve Mile Road DATE PURCHASED: Southfield, Michigan 48034 SUMMONS Plaintiff, 3- Plaintiff(s) designate(s) Clinton County as the place of trial. PAMELA WINTERS AKA PAMELA J. W1NTERS 41 Seperator Road . . The basis of venue is: Au Sable Forks, New York 12912-3128 DEFENDANT'S LOCATION County of: Clinton Defendant. To the above-named Defendant: YOU ARE HEREBY SUMMONED and required to appear in the Supreme Court of the County of Clinton located at 137 Margaret Street, City of Plattsburgh, State of New York, by serving an *answer to the annexed Verified Complaint upon Plaintiff's attorney(s) at the address stated below, or if there is no attorney, upon the Plaintiff at the address stated above, within the time provided by law as noted below. Upon your failure to so answer, judgment will be taken against you fo he relief demanded in the complaint, together with the costs and disbursements of this action. Dated: February 21, 2023 ¡ Joseph M. Shur, Esq. /Shelly L. Baldwin, Esq. Relin, Goldstein & Crane, LLP Attorney(s) for Plaintiff Office and Post Office Address: 28 East Main Street, Suite 1800, Rochester, New York 14614 (585) 325-6202 NOTE: The law provides that: 1) If this summons is served by its delivery to you personally within the County of Clinton, you must answer within twenty (20) days after such service; or 2) If this summons is served by delivery to any person other than you personally, or is served outside the County of Clinton, or by publication, or by any means other than personal delivery to you within the County of Clinton, you are allowed within thirty (30) days after service is complete within which to answer. * go to the court to serve an answer. You need not physically THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 4 FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF CLINTON CREDIT ACCEPTANCE CORPORATION 25505 West Twelve Mile Road Southfield, Michigan 48034 Plaintiff, -vs- VERIFIED COMPLAINT PAMELA WINTERS AKA PAMELA J. WINTERS 41 Seperator Road Au Sable Forks, New York 12912-3128 Defendant. The Plaintiff herein, by RELIN, GOLDSTE1N & CRANE, LLP, its attorneys, complains of the above-named Defendant, and for its cause(s) of action, alleges: FIRST: That the Plaintiff is a corporation licensed to transact business in the State of New York, having a principal place of business located in the county of Oakland, State of Michigan. SECOND: Upon information and belief, that the Defendant is a resident of the County of Clinton, State of New York. AS AND FOR A FIRST CAUSE OF ACTION: THIRD: On or about August 2, 2016, Dealer entered in to a Retail Installment Contract (the "Contract") with the Defendant for good and valuable consideration. That attached hereto is a true copy of said Contract, marked Exhibit "A". FOURTH: Upon the Contract's execution, Plaintiff, the original creditor, extended credit to Defendant with account number ending in ****5731, and financed the Defendants purchase of the motor vehicle identified in the Contract. FIFTH: That within four years last past, the Defendant herein defaulted on his/her obligations under the Contract, and that after the Plaintiff applied all just set-offs and credits, if any, due to the Defendant, there remains due and owing the principal sum of $6,310.56 with interest which represents: . principal balance of $6,241.56, . late fees in the amount of $69.00 and . repossession costs and expenses totaling $0.00 2 of 4 FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023 SIXTH: That the Plaintiff has complied with all conditions precedent to the aforesaid Contract. SEVENTH: Defendant breached the Agreement by failing to pay as agreed. The last payment received from Defendant was on November 30, 2019 in the amount of $282.90. EIGHTH: That the rebates, if any, were calculated pursuant to the method provided in the laws of New York State. AS AND FOR A SECOND CAUSE OF ACTION: "FIRST" "EIGHTH" NINTH: The Plaintiff repeats and re-alleges paragraph through of this complaint, as though fully hereinafter set forth. TENTH: After crediting Defendant's account with all payments made and/or credits received, if any, there was a balance due and owing of $6,310.56, an accounting of which is shown on the delinquency letter (final statement of account) Plaintiff provided Defendant on May 21, 2022. That attached hereto is a true copy of said delinquency letter, marked Exhibit "B". ELEVENTH: The Defendant retained such statement of account without objection. WHEREFORE, Plaintiff demands judgment: A) On Plaintiff's first cause of action, adjudging and decreeing the amounts due to the Plaintiff, B) On Plaintiff's second cause of action, in the sum of $6,310.56, with interest in the amount of 9% from November 20, 2020, C) Together with the costs and disbursements of etion. Date: February 21, 2023 ¡ Joseph M. Shur, Esq. /f Shelly L. Baldwin, Esq. Relin, Goldstein & Crane, LLP Attorney(s) for Plaintiff Office and Post Office Address: 28 East Main Street, Suite 1800, Rochester, New York 14614 (585) 325-6202 3 of 4 FILED: CLINTON COUNTY CLERK 02/23/2023 08:06 AM INDEX NO. 2023-00023118 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2023 ATTORNEY'S VERIFICATION BY AFFIRMATION STATE OF NEW YORK COUNTY OF MONROE) SS: I, the undersigned, am an attorney admitted to practice in the courts of the State of New York and that: I am the attorney of record, or of counsel with the attorney(s) of record for the Plaintiff. I have read the annexed Complaint and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: correspondence, memoranda and statements of account in deponent's possession. The reason I make this affirmation instead of Plaintiff is because an officer of Plaintiff is not within the County of Monroe and deponent is one of the attorneys for said corporation. I affirm that the foregoing statements are true under nalties of perjury. Date: February 21, 2023 ¡ Joseph M. Shur, Esq. Shelly L. Baldwin, Esq. Relin, Goldstein & Crane, L Attorney(s) for Plaintiff Office and Post Office Address: 28 East Main Street, Suite 1800, Rochester, New York 14614 (585) 325-6202 22-02124 4 of 4