Preview
FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK: SUPREME COURT:
COUNTY OF ST. LAWRENCE
ALLY BANK
SUMMONS
Plaintiff
v. Index Number:
Michael John Summers, Jr. & Heidi L. Summers
260 Lacomb Rd. 260 Lacomb Rd.
Norfolk, New York 13667 Norfolk, New York 13667
Doe"
and "JOHN DOE", the name "John being
fictitious, the person intended having possession
of the chattel described herein
Defendants
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff's
attorney, at the address stated below, a written Answer to the attached Complaint.
If this Summons is served upon you within the State of New York by personal
service you must respond within TWENTY (20) days after service, not counting the day
of service. If this Summons is not personally delivered to you within the State of New
York you must respond within THIRTY (30) days after service is completed, as provided
by law.
If you do not respond to the attached Complaint within the applicable time
limitation stated above, a Judgment will be entered against you, by default, for the relief
demanded in the Complaint, without further notice to you.
This action is brought in the County of St. Lawrence because of:
___ Plaintiff's residence or place of business
Defendants'
residence;
___ Designation made by Plaintiff;
This is an attempt to collect a debt, and any information obtained will be
used for that purpose.
Jeffrey k, Esq.
Dated: September 6, 2023 NESPER, FERBER, DiGIACOMO,
JOHNSON & GRIMM, LLP
Attorneys for Plaintiff
200 John James Audubon Pkwy., Suite 302
Amherst, NY 14228
(716) 688-3800
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
NOTICE: In accordance with the provisions of the Fair Debt Collections
Practice Act, we will assume the debt to be valid unless you send us within 30 days of
your receipt of this letter, notice of your dispute of the debt or any portion thereof. Such
notice should include specified information as to the nature of the dispute and the
amount that is disputed. We will then obtain and mail to you a verification of the debt, or,
if applicable, a copy of the judgment evidencing same.
Also, should you so request in writing within the same 30-day period, we will
provide you with the name and address of the original creditor if different from the
creditor listed above.
(The above pertains to your dealings with me as a debt collector. It does not
affect your dealings with the Court, and in particular does not change the time at which
you must answer the complaint. The Summons is a command from the Court, not from
me, and you must follow its instructions even if you dispute the validity or amount of the
debt. The dispute or request may not constitute and Answer under the law. You should
consult an attorney for advice concerning your rights and obligations in this suit.)
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FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023
STATE OF NEW YORK: SUPREME COURT: COUNTY OF ST. LAWRENCE
ALLY BANK
Plaintiff VERIFIED
COMPLAINT
against
Michael John Summers, Jr. & Heidi L. Summers
260 Lacomb Rd. 260 Lacomb Rd.
Norfolk, New York 13667 Norfolk, New York 13667
DOE" Doe"
and "JOHN the name "John being
fictitious, the person intended having possession
of the chattel described herein,
Defendant(s)
Plaintiff, by its attomeys, NESPER, FERBER, DIGIACOMO, JOHNSON &
GRIMM, LLP alleges as follows, upon information and belief, as a complaint against the
Defendant(s):
1. Plaintiff is a Utah Corporation and is authorized to do business in the State
of New York.
2. The Defendant(s) resides in St. Lawrence County, New York.
3. The Plaintiff is entitled to immediate possession of the following described
motor vehicle: 2018 Chevrolet Tahoe, VIN: 1GNSKCKC6JR106792, VALUE
$40,275.00.
4. On or about October 30, 2017, the Defendant(s) entered into a written
retail installment contract with Denooyer Chevrolet Inc., for the purchase of the 2018
Chevrolet Tahoe. The retail installment agreement called for the Defendant(s) to make
monthly payments of $1,216.78 for a period of 84 months, each payment to be made on
the 14th day of the month. On or about October 30, 2017, all the rights and interests of
the dealer in the lease and in the subject chattel were assigned to Ally Financial, Inc.
On or about October 18, 2022, all the rights and interests of Ally Financial Inc. in the
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FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023
retail installment contract and in the subject chattel were assigned to Ally Bank, such
assignment being effective as of the date of the retail installment contract, which is now
the holder thereof.
FOR A FIRST CAUSE OF ACTION: POSSESSION
5. Defendant(s) breached the contract by defaulting in the installment
payment due on July 14, 2021, and the payments due thereafter. As a result, the
Plaintiff became entitled to immediate possession of the subject chattel, Defendant(s)
remaining liable for Defendant(s)'s financial obligations under the retail installment
contract.
6. The chattel is now wrongfully in the possession or control of Defendant(s).
7. The Plaintiff, by its officers, agents or employees, on one or more
occasions, has duly demanded possession of the chattel, but the Defendant(s) has
wrongfully refused to comply.
8. Plaintiff is entitled to immediate possession of the vehicle.
WHEREFORE, the Plaintiff demands judgment against the Defendants for the
possession of said motor vehicle.
Dated: September 6, 2023
NESPER, FERBER, DiGIACOMO,
JOHNSON & GRIMM, LLP
Attorneys for Plaintiff
200 John James Audubon Pkwy., Suite 302
Amherst, NY 14228
- 8 0
(716)
By
Jeffre Tyrpak, Esq.
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Verification
State of Florida )
County of Duval)
Amber Gilbert, being duly sworn, deposes and says:
That he is an Authorized Representative for Ally Bank, the entity named in the
within-entitled action; that he/she has read the foregoing complaint and knows the
contents thereof; and that the same is true to his/her own knowledge, except as to the
matters therein stated to be alleged upon information and belief, and as to those
matters he believes it to be true.
Deponent further says that the reason this verification is made by deponent and
not by Plaintiff is because the said Plaintiff is a corporation and the grounds of
deponenes belief as to all matters in the said complaint not stated upon his/her own
knowledge, are investigations which deponent cause to be made concerning the subject
matter of this complaint and information acquired by the deponent in the course of
his/her duties as an agent of said Plaintiff and from the books and papers of said
Plaintiff.
S to befor this
day o , 2023
Notary Public State of Florida
Rafael Fort
My Commission HH 301269
Expires 8/15/2026
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Preview
FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023 CONSUMER CREDIT TRANSACTION STATE OF NEW YORK: SUPREME COURT: COUNTY OF ST. LAWRENCE ALLY BANK SUMMONS Plaintiff v. Index Number: Michael John Summers, Jr. & Heidi L. Summers 260 Lacomb Rd. 260 Lacomb Rd. Norfolk, New York 13667 Norfolk, New York 13667 Doe" and "JOHN DOE", the name "John being fictitious, the person intended having possession of the chattel described herein Defendants To the above named Defendant(s) YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff's attorney, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within TWENTY (20) days after service, not counting the day of service. If this Summons is not personally delivered to you within the State of New York you must respond within THIRTY (30) days after service is completed, as provided by law. If you do not respond to the attached Complaint within the applicable time limitation stated above, a Judgment will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of St. Lawrence because of: ___ Plaintiff's residence or place of business Defendants' residence; ___ Designation made by Plaintiff; This is an attempt to collect a debt, and any information obtained will be used for that purpose. Jeffrey k, Esq. Dated: September 6, 2023 NESPER, FERBER, DiGIACOMO, JOHNSON & GRIMM, LLP Attorneys for Plaintiff 200 John James Audubon Pkwy., Suite 302 Amherst, NY 14228 (716) 688-3800 1 of 5 FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE: In accordance with the provisions of the Fair Debt Collections Practice Act, we will assume the debt to be valid unless you send us within 30 days of your receipt of this letter, notice of your dispute of the debt or any portion thereof. Such notice should include specified information as to the nature of the dispute and the amount that is disputed. We will then obtain and mail to you a verification of the debt, or, if applicable, a copy of the judgment evidencing same. Also, should you so request in writing within the same 30-day period, we will provide you with the name and address of the original creditor if different from the creditor listed above. (The above pertains to your dealings with me as a debt collector. It does not affect your dealings with the Court, and in particular does not change the time at which you must answer the complaint. The Summons is a command from the Court, not from me, and you must follow its instructions even if you dispute the validity or amount of the debt. The dispute or request may not constitute and Answer under the law. You should consult an attorney for advice concerning your rights and obligations in this suit.) 2 of 5 FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023 STATE OF NEW YORK: SUPREME COURT: COUNTY OF ST. LAWRENCE ALLY BANK Plaintiff VERIFIED COMPLAINT against Michael John Summers, Jr. & Heidi L. Summers 260 Lacomb Rd. 260 Lacomb Rd. Norfolk, New York 13667 Norfolk, New York 13667 DOE" Doe" and "JOHN the name "John being fictitious, the person intended having possession of the chattel described herein, Defendant(s) Plaintiff, by its attomeys, NESPER, FERBER, DIGIACOMO, JOHNSON & GRIMM, LLP alleges as follows, upon information and belief, as a complaint against the Defendant(s): 1. Plaintiff is a Utah Corporation and is authorized to do business in the State of New York. 2. The Defendant(s) resides in St. Lawrence County, New York. 3. The Plaintiff is entitled to immediate possession of the following described motor vehicle: 2018 Chevrolet Tahoe, VIN: 1GNSKCKC6JR106792, VALUE $40,275.00. 4. On or about October 30, 2017, the Defendant(s) entered into a written retail installment contract with Denooyer Chevrolet Inc., for the purchase of the 2018 Chevrolet Tahoe. The retail installment agreement called for the Defendant(s) to make monthly payments of $1,216.78 for a period of 84 months, each payment to be made on the 14th day of the month. On or about October 30, 2017, all the rights and interests of the dealer in the lease and in the subject chattel were assigned to Ally Financial, Inc. On or about October 18, 2022, all the rights and interests of Ally Financial Inc. in the 3 of 5 FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023 retail installment contract and in the subject chattel were assigned to Ally Bank, such assignment being effective as of the date of the retail installment contract, which is now the holder thereof. FOR A FIRST CAUSE OF ACTION: POSSESSION 5. Defendant(s) breached the contract by defaulting in the installment payment due on July 14, 2021, and the payments due thereafter. As a result, the Plaintiff became entitled to immediate possession of the subject chattel, Defendant(s) remaining liable for Defendant(s)'s financial obligations under the retail installment contract. 6. The chattel is now wrongfully in the possession or control of Defendant(s). 7. The Plaintiff, by its officers, agents or employees, on one or more occasions, has duly demanded possession of the chattel, but the Defendant(s) has wrongfully refused to comply. 8. Plaintiff is entitled to immediate possession of the vehicle. WHEREFORE, the Plaintiff demands judgment against the Defendants for the possession of said motor vehicle. Dated: September 6, 2023 NESPER, FERBER, DiGIACOMO, JOHNSON & GRIMM, LLP Attorneys for Plaintiff 200 John James Audubon Pkwy., Suite 302 Amherst, NY 14228 - 8 0 (716) By Jeffre Tyrpak, Esq. 4 of 5 FILED: ST. LAWRENCE COUNTY CLERK 09/06/2023 03:38 PM INDEX NO. EFCV-23-165147 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2023 Verification State of Florida ) County of Duval) Amber Gilbert, being duly sworn, deposes and says: That he is an Authorized Representative for Ally Bank, the entity named in the within-entitled action; that he/she has read the foregoing complaint and knows the contents thereof; and that the same is true to his/her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. Deponent further says that the reason this verification is made by deponent and not by Plaintiff is because the said Plaintiff is a corporation and the grounds of deponenes belief as to all matters in the said complaint not stated upon his/her own knowledge, are investigations which deponent cause to be made concerning the subject matter of this complaint and information acquired by the deponent in the course of his/her duties as an agent of said Plaintiff and from the books and papers of said Plaintiff. S to befor this day o , 2023 Notary Public State of Florida Rafael Fort My Commission HH 301269 Expires 8/15/2026 5 of 5