Preview
INDEX NO. E159154/2016
(FILED: NIAGARA COUNTY CLERK 0772272016 06:57 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2016
STATE OF NEW YORK CONSUMER CREDIT
SUPREME COURT __COUNTY OF NIAGARA. NON-CARD
TRANSACTION
MARINER FINANCE, LLC
" INDEX#
SUMMONS
Plaintiff,
VS. Plaintiff's Residence
Address:
1900 Ridge Road
LATANYA C, ALLEN West Seneca, NY 14224
722 17" Street
Niagara Falls, New York 14301
Defendant(s).
The Basis of Venue is:
Defendant resides in: NIAGARA County
Transaction took place in: NIAGARA County
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
acopy of your answer on the Plaintiff's attorney(s) within 20 days after the service of this Summons
exclusive of the day of service (or within 30 days after the service is complete if this Summons is
not 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 relief demanded in the Complaint.
July 21, 2016
Attorney for Plaintiff
16 E. Main Street - Suite 200
Rochester,
NY 14614
(585) 325-5343
THIS ACTION IS SUBJECT TO THE FAIR DEBT COLLECTIONS PRACTICES ACT
AND YOUR RIGHTS DESCRIBED ON THE ATTACHED NOTICE
THIS ACTION DOES NOT ARISE FROM A REVOLVING OR OPEN-END
CREDIT TRANSACTION
Filed in Niagara County Clerk's Office 7/22/2016! of 4 Index # E159154/2016
STATE OF NEW YORK
SUPREME COURT. COUNTY OF NIAGARA
MARINER FINANCE, LLC INDEX #E
COMPLAINT
Plaintiff,
vs.
LATANYA C. ALLEN
Defendant(s).
Plaintiff, by the undersigned attorney, alleges:
(1) Plaintiff is a Limited Liability Company licensed under the Laws of the State of New York,
located at 1900 Ridge Road, West Seneca, New York 14224,
(2) That on or about December 11, 2015, the Defendant(s) entered into a Check and Loan
Agreement with Plaintiff, whereby, and in consideration for a loan of $2,539.00, the Defendant(s)
agreed pursuant to the Check and Loan Agreement to repay said loan, together with a finance charge,
all as set forth in the Check and Loan Agreement.
(3) That said Check and Loan Agreement was neither a revolving nor open-end credit transaction.
(4) That there remains a present balance under said Check and Loan Agreement in the sum of
$2,933.12 together with interest at the rate of 24.99% per annum from July 20, 2016.
(5) That the Defendant(s) has failed to pay the sums due to the Plaintiff pursuant to the aforesaid
Loan Agreement.
(6) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the
Plaintiff the sum of $2,933.12 together with interest at the rate of 24.99% per annum from July 20,
2016.
WHEREFORE, Plaintiff demands judgment against the Defendant(s) for the sum of
$2,933.12 together with interest at the rate of 24.99% perannum from July 20, 2016, plus costs,
disbursements and attorney fees.
Dated: July 21, 2016
ROBERT B. GITLIN, ES
Attorney for Plaintiff
16 East Main Street-Suite 200
Rochester, New York 14614
(585) 325-5343
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NOTICE REQUIRED BY THE FAIR DEBT
COLLECTION PRACTICES ACT
(the act), 15 U.S.C. Section 1601 as Amended
1 The amount of the debt is stated in the Complaint attached hereto.
2. The plaintiff as named in the attached Summons and Complaint is the creditor to
whom the debt is owed.
3 The debt described in the Complaint attached hereto will be assumed to be valid by
the creditor's law firm, unless the debtor, within thirty (30) days after the receipt of this Notice,
disputes the validity of the debt or some portion thereof.
4. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the
receipt of this Notice that the debt or any portion thereof is disputed, the creditor's law firm will
obtain verification of the debt and a copy of the verification will be mailed to the debtor by the
creditor's law firm.
5 Ifthe creditor named as plaintiff in the attached Summons and Complaint is not the
original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty
(30) days from the receipt of this Notice, the name and address of the original creditor will be mailed
to the debtor by the creditor's law firm.
6. Written requests should be addressed to Robert B. Gitlin, Esq., 16 East Main St.,
Suite 200, Rochester, New York 14614,
7 Pursuant to the terms of the Federal Law entitled "The Fair Debt Collection Practices
Act", I may be considered to be acting as "debt collector" to collect amounts owing to the creditor.
ANY INFORMATION OBTAINED BY ME FROM YOU ABOUT YOU WILL BE USED FOR.
THAT PURPOSE.
THIS ADVICE PERTAINS TO YOUR DEALINGS WITH ME AS A DEBT COLLECTOR.
IT DOES NOT AFFECT YOUR DEALINGS WITH THE COURT, AND IN PARTICULAR
IT DOES NOT CHANGE THE TIME IN WHICH YOU MUST ANSWER THE SUMMONS.
AND COMPLAINT . THE SUMMONS IS A COMMAND FROM THE COURT, NOT FROM
ME, AND YOU MUST FOLLOW ITS INSTRUCTIONS EVEN IF YOU DISPUTE THE
VALIDITY OF OR THE AMOUNT OF THE DEBT. THE ADVICE IN THIS LETTER
ALSO DOES NOT AFFECT MY RELATIONS WITH THE COURT. AS A LAWYER, I
MAY FILE PAPERS IN THE SUIT ACCORDING TO THE COURT’S RULES AND THE
JUDGE’S INSTRUCTIONS.
3 0f 4
NOTICE REQUIRED BY 23 NYCRR 1.2
Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692
et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts,
including but not limited to:
@ the use or threat of violence;
@ the use of obscene or profane language; and
(iii) repeated phone calls made with theintent to annoy, abuse, or harass.
If a creditor or debt collector receives a money judgment against you in court, state and federal
laws may prevent the following types of income from being taken to pay the debt:
Supplemental security income, (SSD;
Social security;
Public assistance (welfare);
Spousal support, maintenance (alimony) or child support;
Unemployment benefits;
Disability benefits;
Workers! compensation benefits;
Public or private pensions;
Veterans’ benefits;
10. Federal student loans, federal student grants, and federal work study funds; and
11 Ninety percent of your wages or salary earned in the last sixty days.
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Preview
INDEX NO. E159154/2016 (FILED: NIAGARA COUNTY CLERK 0772272016 06:57 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2016 STATE OF NEW YORK CONSUMER CREDIT SUPREME COURT __COUNTY OF NIAGARA. NON-CARD TRANSACTION MARINER FINANCE, LLC " INDEX# SUMMONS Plaintiff, VS. Plaintiff's Residence Address: 1900 Ridge Road LATANYA C, ALLEN West Seneca, NY 14224 722 17" Street Niagara Falls, New York 14301 Defendant(s). The Basis of Venue is: Defendant resides in: NIAGARA County Transaction took place in: NIAGARA County TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve acopy of your answer on the Plaintiff's attorney(s) within 20 days after the service of this Summons exclusive of the day of service (or within 30 days after the service is complete if this Summons is not 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 relief demanded in the Complaint. July 21, 2016 Attorney for Plaintiff 16 E. Main Street - Suite 200 Rochester, NY 14614 (585) 325-5343 THIS ACTION IS SUBJECT TO THE FAIR DEBT COLLECTIONS PRACTICES ACT AND YOUR RIGHTS DESCRIBED ON THE ATTACHED NOTICE THIS ACTION DOES NOT ARISE FROM A REVOLVING OR OPEN-END CREDIT TRANSACTION Filed in Niagara County Clerk's Office 7/22/2016! of 4 Index # E159154/2016 STATE OF NEW YORK SUPREME COURT. COUNTY OF NIAGARA MARINER FINANCE, LLC INDEX #E COMPLAINT Plaintiff, vs. LATANYA C. ALLEN Defendant(s). Plaintiff, by the undersigned attorney, alleges: (1) Plaintiff is a Limited Liability Company licensed under the Laws of the State of New York, located at 1900 Ridge Road, West Seneca, New York 14224, (2) That on or about December 11, 2015, the Defendant(s) entered into a Check and Loan Agreement with Plaintiff, whereby, and in consideration for a loan of $2,539.00, the Defendant(s) agreed pursuant to the Check and Loan Agreement to repay said loan, together with a finance charge, all as set forth in the Check and Loan Agreement. (3) That said Check and Loan Agreement was neither a revolving nor open-end credit transaction. (4) That there remains a present balance under said Check and Loan Agreement in the sum of $2,933.12 together with interest at the rate of 24.99% per annum from July 20, 2016. (5) That the Defendant(s) has failed to pay the sums due to the Plaintiff pursuant to the aforesaid Loan Agreement. (6) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the Plaintiff the sum of $2,933.12 together with interest at the rate of 24.99% per annum from July 20, 2016. WHEREFORE, Plaintiff demands judgment against the Defendant(s) for the sum of $2,933.12 together with interest at the rate of 24.99% perannum from July 20, 2016, plus costs, disbursements and attorney fees. Dated: July 21, 2016 ROBERT B. GITLIN, ES Attorney for Plaintiff 16 East Main Street-Suite 200 Rochester, New York 14614 (585) 325-5343 2 0f 4 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (the act), 15 U.S.C. Section 1601 as Amended 1 The amount of the debt is stated in the Complaint attached hereto. 2. The plaintiff as named in the attached Summons and Complaint is the creditor to whom the debt is owed. 3 The debt described in the Complaint attached hereto will be assumed to be valid by the creditor's law firm, unless the debtor, within thirty (30) days after the receipt of this Notice, disputes the validity of the debt or some portion thereof. 4. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this Notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 5 Ifthe creditor named as plaintiff in the attached Summons and Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this Notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6. Written requests should be addressed to Robert B. Gitlin, Esq., 16 East Main St., Suite 200, Rochester, New York 14614, 7 Pursuant to the terms of the Federal Law entitled "The Fair Debt Collection Practices Act", I may be considered to be acting as "debt collector" to collect amounts owing to the creditor. ANY INFORMATION OBTAINED BY ME FROM YOU ABOUT YOU WILL BE USED FOR. THAT PURPOSE. THIS ADVICE PERTAINS TO YOUR DEALINGS WITH ME AS A DEBT COLLECTOR. IT DOES NOT AFFECT YOUR DEALINGS WITH THE COURT, AND IN PARTICULAR IT DOES NOT CHANGE THE TIME IN WHICH YOU MUST ANSWER THE SUMMONS. AND COMPLAINT . THE SUMMONS IS A COMMAND FROM THE COURT, NOT FROM ME, AND YOU MUST FOLLOW ITS INSTRUCTIONS EVEN IF YOU DISPUTE THE VALIDITY OF OR THE AMOUNT OF THE DEBT. THE ADVICE IN THIS LETTER ALSO DOES NOT AFFECT MY RELATIONS WITH THE COURT. AS A LAWYER, I MAY FILE PAPERS IN THE SUIT ACCORDING TO THE COURT’S RULES AND THE JUDGE’S INSTRUCTIONS. 3 0f 4 NOTICE REQUIRED BY 23 NYCRR 1.2 Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to: @ the use or threat of violence; @ the use of obscene or profane language; and (iii) repeated phone calls made with theintent to annoy, abuse, or harass. If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt: Supplemental security income, (SSD; Social security; Public assistance (welfare); Spousal support, maintenance (alimony) or child support; Unemployment benefits; Disability benefits; Workers! compensation benefits; Public or private pensions; Veterans’ benefits; 10. Federal student loans, federal student grants, and federal work study funds; and 11 Ninety percent of your wages or salary earned in the last sixty days. 4 of 4